Loading...
1983-07-19 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE , ILLINOIS TUESDAY , JULY 19, 1983 I . CALL TO ORDER Chairman Richard Heinrich called the meeting to order at 8: 10 P.M. at the Village Hall , on Tuesday, July 19 , 1983. II . ROLL CALL Commissioners Present: J. Quick, M. Kearns , M. Perlman , D. Stolman and R. Heinrich. Quorum Present Commissioners Absent: H. Hefler and F. Manzo Building Department Liaison : Mr. Ray Henning , Housing and Zoning Inspector Village Attorney: William Raysa Village Board Liaison : Mr. John Marienthal , Trustee III . APPROVAL OF MINUTES The minutes from May 17, 1983 and June 21 , 1983 were postponed because the Commissioners present at those meetings are not present at this time. IV. OLD BUSINESS A. Lexington Development Corp. - Villa Verde Associates Entrance Monuments at Villa Verde on Arlington Heights Road Section 14. 20. 010 of Municipal Code pertaining to Signs Com. Kearns made a motion to remove the Villa Verde Condominium Entrance Signs from Table. Com. Quick seconded the motion . Voice Vote - Aye Unan . Mr. Mark Grondin was sworn in . and presented revised plans for two entrance monuments on Arlington Hts . Rd. Placement and design of the signs have been changed. They will be located 15 feet from the curb. Construction has been changed from masonary to cedar boards 2%' x 10 ' mounted to 6" x 6" wood posts Signs will be sandblasted, and the lettering will be the same colors of green as the temporary sign . It will be located 30 feet off Arlington Heights Road; 15 feet from the edge of the right of way; and 23 feet to the property line off the curb. The sign is significantly smaller in size ; and will be 2% ft. by 10 ft. Mr. Grondin presented pictures show- ing a similiar sign and also the grade differential . Mr. Ray Henning presented pictures of the proposed location and line-of- sight. He added that the signs will be similiar in distance to the signs at Chatham and could not be placed any farther back than indicated. Maintenance of the signs will be the responsibility of the Villa Verde Condominium Association as per the Sign Code. The land will be owned by the Condominium Assocation and a Board of Directors will be responsible . Floodlights are shown on the plans , and the Appearance Commission will will look at placement, number of signs and general looks with illumination . There was discussion as to whether the signs will be considered a fence or a wall . Mr. Raysa asked that this be determined by Mr. Frank Hruby, Director of Building and Zoning. Li A poll of the Commissioners was taken: Aye - Not a fence. Nay - Is a fence. Roll Call Vote: Aye - - Stolman, Quick, Kearns, Perlman, and Heinrich Nay - - None A variation of Section 15.36.040 pertaining to Fences is not necessary. Because the two signs total more than 32 square feet, a variation of that section of the Sign Code is necessary - Sec. 14.20.010 - B. Com. Kearns commented that he is now satisfied with the proposal . His concern at the last hearing was for health, safety and welfare and the new signs are safe. The Plat will be marked Exhibit A and the two sets of photographs will be Exhibits B and C. There were no questions from the audience. Com. Kearns made the following motion: I move we grant the request of the Lexington Developement Corporation and Villa Verde Associates for the following sub-sections of M.C. #14.20.010: 1 - "B" - two signs 2 - "B" - exceed 32 sq. feet 3 - "E" - not flat against a building Entrance signs shall be placed as per Exhibit A - Plat. Variation is granted under M.C. #14.44.010 - Sub-sec. B. Com. Stolman seconded the motion. Roll Call Vote: Aye - Quick Perlman Stolman Kearns Heinrich Motion Passed 5 to 0. Nay - None Findings of Fact Attached. Permit may be issued after 15 days. V. 535 Weidner Road - Mr. and Mrs. Thomas P. Neary Article X, Section 6.3-A; Side Yard Requirements Mr. and Mrs. Neary were sworn in and the Public Hearing Notice was read. Ms. Neary summarized their need for an addition. They need to enlarge the kitchen to accomodate 6 people because Mrs. Neary's father is coming to live with them. The Carlyle model has a very small kitchen. There are no windows on the side of the house that will be most affected, and the Hoekstras do not object to the proposed addition. Com. Quick commented that the addition would not be seen from the street. The variation would be for about 11 feet for the 7 foot length of addition. The Nearys testified that they would have a financial hardship if they were to re-locate; and they like their home in Buffalo Grove. The addition will match the materials that were used for the house. There were no questions from the Commissioners or from the audience. ZONING BOARD OF APPEALS July 19, 1983 - Page 'two Cori. Quick made the following motion: I move we grant the variation as requested by Mr. and Mrs. Thomas P. Neary, 535 Weidner Rd. of Article X, Section 6.3-A pertaining to the Side Yard; for a distance of 2 feet for the purpose of constructing a room addition. Economic and personal hardship having been established. Com. Stolman seconded the motion. Roll Call Vote: Aye - Kearns Quick Perlman Stolman Heinrich Nay - None Motion Passed 5 to 0. Findings of Fact Attached. The permit may be issued in 15 days. The Agenda was amended to hear Item C before Item B - Lexington In The Park. C. Stephen and Maura Hodits - 113 Selwyn Lane Fence Ordinance - Municipal Code - Article 15, Section 15.36.040 Mr. and Mrs. Hodits were sworn in and the Public Hearing Notice was read. Mr. Hodits presented photographs of his rear yard and explained that because their property abuts Tahoe Village they are requesting a variation of the Fence Ordinance to allow them to erect a 6 foot privacy fence. They have a picket fence which has been knocked down two times by people from Tahoe. There is a garbage pick-up area for Tahoe Village directly behind their property and the garbage is collected there all week. There are no trash receptacles provided, and even though garbage is only collected twice a week, it is left out all the time. There have been many problems. The Wheeling police have been contacted, but they do not know who is dumping the trash there and they can do nothing. Com. Quick suggested that a letter be sent from the ZBA or the Village Board to Wheeling Village Manager. Mr. Raysa suggested handling the situation at the administrative level would be best. • Ch. Heinrich recalled several similiar requests from Selwyn Lane property owners who have encountered many problems with the Tahoe residents. He remembered when Tahoe was being built, Buffalo Grove objected because it was too close and requested a wall be built to screen the boundary. No action was ever taken. Com. Kearns asked if Sub-sec.0 of Sec. 15.36.060 could be applied? Ch. Heinrich said Tahoe is considered condominiums. None of the sections of 15.36.060 apply. Tahoe is a residential district - Zoned R -9. The Hodits have proven hardship. A letter signed by neighbors indicating there are no objections was submitted as well as a letter of hardship. ZONING BOARD OF APPEALS July 19, 1983 - Page Three Com. Perlman made the following motion: I move we grant the variance as requested by Mr. and Mrs. Stephen Hodits, 113 Selwyn Lane pertaining to Article 15, Section 15.36.040, for the purpose of erecting a six foot fence. Hardship having been demonstrated. Com. Kearns seconded the motion. There were no questions or comments from the audience. Roll Call Vote: Aye - Stolman Kearns Quick Perlman Heinrich Nay - None Motion Passed - 5 to O. The permit may be issued in 15 days. Findings of Fact Attached. Com. Quick made the following motion: I move we request Mr. Bill Balling to send a letter to the Wheeling Village Manager referencing the letter of hardship from Mr. and Mrs. Hodits dated, June 25, 1983 and asking the Village of Wheeling to investigate the matter and report back to the Zoning Board what action will be taken. Com. Stolman seconded the motion. Voice Vote was Aye Unanimously. Com. Kearns commented that the Fence Ordinance needs to be re-considered in the area of Villages that border Buffalo Grove. B.G. residents should be protected from hardship because of what builders do. Ch. Heinrich felt that each case should be considered separately to avoid building walls around the Village. He pointed out that not all the border property is a Tahoe Village. Mr. Ray Henning recalled that the builder was asked to put a fence between Tahoe and the residents. This was never done. Ch. Heinrich asked Mr. Raysa if the builder could be asked to reimburse the homeowner? Mr. Raysa said'no'because that would be an agreement between the developer and Wheeling to erect such a fence. B. Lexington In The Park - Lexington Glen, Inc. Entrance Monuments - Municipal Code Sec. 14.20.070 Mr. Rick Piggott, Land Development Director of Lexington Development Corp. was sworn in and the Public Hearing Notice was read. Mr. Piggott was asked to fill in the Sec. No. of the Municipal Code on the application for variation. ZONING BOARD OF APPEALS July 19, 1983 - Page Four Mr. Piggott summarized the purpose of the variation request. He said the entrance monuments are almost identical to the entrance monuments at Villa Verde Condominiums. They will identify the sub-division and will be located on Auburn Lane, one on either side of the entrance. He requested a variation for the construction sign that will be located within 500 feet of the monuments. After discussion of the time limitations of Sec. 14.32.010 pertaining to sub-division development signs, Mr. Piggott agreed to a stipulation that the construction sign be removed after 2-1/2 years. They hope to have all units sold within that time. If not, they will return to the ZBA for an extension. The request is for 2 - 22' x 8' cedar boards, sandblasted set on wooden piers. Construction is identical to the Villa Verde monuments. One sign will be 12 ft. from the curb, ( South side) and the other located 7 ft. from the 5 ft. side- walk, making it 12 ft. from the curb also (North side). Engineering report from Mr. Maclntyre indicates the line-of-sight is sufficient. There were no questions from the Commissioners or from the audience. The sections of the Sign Code to be varied are Sub-sections B and E of Municipal Code Section 14.20.010; and Sub-section A of M. C. Sec. 14.20.070 pertaining to number of signs, size of signs and time limitations. Com. Stolman made the following motion: I move we grant the variation as requested by Lexington Glen, Inc. of Municipal Code Sections 14.20.010 - - B and E; and 14.20.070 - A for the purpose of erecting two entrance monuments on Auburn Lane at Lexington In The Park - as per the Landscape Plan submitted - Exhibit A. The petitioner will consent to return to the Zoning Board of Appeals for a time extension for the temporary construction sign in 2% years. Variation granted under Sub-section B of Municipal Code Sec. 14.44.010. Com. Perlman seconded the motion. Roll Call Vote: Aye - Quick Kearns Stolman Perlman Heinrich Nay - None Motion Passed 5 to 0. Findings of Fact Attached. Permit may be issued in 15 days. VI. ANNOUNCEMENTS With reference to the newly revised zoning ordinance: because of changes re- quested by'the ZBA, the ordinance has been removed from the Village Board Agenda scheduled for Monday, July 18th. The Special Use section was changed to give the Plan Commission power to grant variations. Mr. Raysa explained that the reasoning behind the change was to keep the Special Uses with one body. He and Mr. Truesdell , Planner felt this would be advantageous. ZONING BOARD OF APPEALS July 19, 1983 - Page Five The discussion continued. The ZBA Commissioners felt the Plan Commission would not have enough experience to handle this area. Ch. Heinrich made the following motion: The Zoning Board of Appeals hereby goes on record to the Village Board of Trustees expressing their disagreement with the Section of the Proposed Title 17 - Zoning Ordinance Revision regarding Special Uses; asking that the language in the ordinance be changed to go back to the Zoning Board handling Special Uses except for Planned Unit Developments and New Annexations. Com. Quick seconded the motion- Roll Call Vote: Aye - Stolman Kearns Quick Perlman Heinrich Nay - None Motion Passed 5 to 0. The Village Board upheld the Zoning Board decision concerning the dog run at Suffield Place. The vote was 5 to 1 with Bobbie O'Reilly voting in favor. Com. Quick asked about the two car garage being constructing in the side yard on the corner of Weidner and Bernard. It is a Buckingham/Strathmore Gr. model . Mr. Henning will check and see if the zoning is correct. Ch. Heinrich asked the Commissioners if there would be any problem if the August meeting is changed from August 16th to August 23rd? He will be away and Com. Quick will be away on August 16th. There was no problem with the Commissioners that were present. The other Commissioners will be advised. Com. Quick made a motion to adjourn and Com. Kearns seconded the motion. All Commissioners were in favor of adjournment. The meeting was adjourned at 9:50 P.M. Respectfully submitted, ,,j' Lam` -tz 8-iit--&-_-_,I,- Shirley Bates, ecretary Zoning Board Appeals ZONING BOARD OF APPEALS sb July 19, 1983 - Page Six