1974-07-24 - Plan Commission - Minutes PUBLIC HEARING
BUFFALO GROVE PLAN COMMISSION
Ebben Property
July 24, 1974
Chairman Carl Genrich called the meeting to order at 8 :19 p.m. ,
July 24, 1974, in the Municipal Building, 50 Raupp Boulevard.
Commissioners Present : Mr. Genrich, Chairman
Mr. Haarr
Mr. Harris
Mr. Keister
Mr. Shields
Mr. Goldspiel
Commissioners Absent : Mr. Gamm
Mr. Mendenhall
Also Present : Mr. Bill Balling
Mr. Mark Beaubien, Ebben Property Attorney
Chairman Genrich read the public notice published in the
Independent Register.
I'!
Mr. Mark Beaubien, attorney for the Ebben Property, stated he was
representing the property owners , Mr. Kenneth Ebben and Mr. Ted
Ugland. This property was brought into the Village in 1968 or 1969
with a special use for a real estate office. In the event the
property were ever destroyed, the owners could not rebuild the
present structure under the current Village ordinances . Mr. Beaubien
referred to his letter of May 15, 1974 to Mr. Dan Larson stating
the special uses he has outlined the property to be used for. The
property would not be used as a retail store such as a 7-Eleven.
The proposed use is consistent with the Master Plan. Mr. Beaubien
stated they would like to have the property rezoned B-1 with
restrictive uses and would like the ability to reconstruct. The
concept of hardship was brought up before, and Mr. Beaubien feels
this applies to this property. He would hope that the Plan
Commission would look favorably on this petition.
Commissioner Shields stated he is in sympathy with the owner trying
to develop some permanent use of the property. He inquired if the
owner had a specific use for the property. Mr. Beaubien stated any
other use besides a real estate office would be in violation of the
law as this restriction is currently on the property. He further
stated if the real estate restriction was lifted, advertisement for
office space would begin.
Commissioner Harris stated he felt it was unusual to ask for a
change in zoning subject to whatever limitations the Plan Commission
would impose on the property without making a specific plan. Mr.
Beaubien stated zoning has changed over the years and some parcels
Plan Commission
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you cannot do that with. He added they are not talking in terms
of a commercial building, just an operating tenant, but they
cannot advertise under the current restrictions . Essentially,
the building would be an office building. Commissioner Harris
stated he was not sure the Plan Commission can permit zoning
with restrictions . Mr. Beaubien stated if a restrictive covenant
were considered, they would comply with this .
Commissioner Keister stated he would like to know what the owners
have in mind before granting zoning change. He added it would be
good to gather up other owners of the surrounding property and
come in with a development plan. Mr. Beaubien stated it is imprac-
ticable to round up other property owners , and this is not a
Practicable approach to the problem. Gathering different personali-
ties together doesn't work well. In reply to Commissioner Keister's
other question, he stated they would like to see an insurance man,
a doctor or a dentist in the building with an office .
Commissioner Goldspiel inquired if a restrictive covenant had to
run in consideration of someone. Mr. Beaubien stated the covenant
would look favorably on the Village and the Village would be
responsible for enforcing it. Commissioner Goldspiel stated he
is troubled with the problems with spot zoning. He added it may
be better to find a use the building can exist under the present
zoning. He added he realizes this is a difficult situation, but
wonders if it would not accomplish goals they want by current use.
Mr. Beaubien stated it is presently zoned R-1 and to expand under
that would only be to go residential. Commissioner Goldspiel
stated this suggests a hardship approach or variance approach rather
than rezoning. He stated a professional office seems compatible
with residential zoning. Defining and broadening the existing
zoning may be the better approach to the problem. Mr. Beaubien
stated the reconstruction of the building is a problem under the
existing zoning as the building cannot be reconstructed. The
owners are willing to reconstruct the same building on the same
foundation in the event of a disaster.
Commissioner Haarr stated it is a small piece of property and it
does fall within the Master Plan as far as the owners ' plans for
it. If it is rezoned to B-1 (ordinance requires 1 acre) a vehicle
within the ordinance allows you to use contiguous property for
rezoning if the Village permits it. The adjacent property here is
located across the street. Commissioner Haarr stated due to
roadway work, the owner may lose property and even so with the
R-3 building district they still could reconstruct. Commissioner
Haarr added H-3 would be residential and this would eliminate the
reconstruction problem. He added he did not feel we could legally
expand the use of the property.
Plan Commission
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Mr. Beaubien stated the property across the road is considered
contiguous as far as the ordinance is concerned. He added in
line of the Master Plan, this area would be a commercial area
some day. It is up to the Village to act in a reasonable manner
and a reasonable use of this property is not residential. He
concluded a good reasonable use for this property is an office
building with limited uses .
Chairman Genrich closed the Public Hearing at 9: 00 p.m. .
Respectfully submitted,
1�reeborn, Recording
Secretary
APPROVED:
Carl Genrich, Chairman
PRELIMINARY MINUTES - NOT APPROVED
REGULAR MEETING
BUFFALO GROVE PLAN COMMISSION
WINSTON SQUARE - EBBEN PROPERTY
July 24, 1974
Chairman Carl Genrich called the meeting to order at 9:07 p.m. ,
July 24, 1974, in the Municipal Building, 50 Raupp Boulevard.
Commissioners Present: Mr. Genrich, Chairman
Mr. Haarr
Mr. Harris
Mr. Shields
Mr. Keister
Mr. Goldspiel
Commissioners Absent : Mr. Gamm
Mr. Mendenhall
Also Present: Mr. Bill Balling
Mr. Mark Beaubien, Ebben Property
Mr. Joseph Koenen, Winston Square
Approval of Minutes
Commissioner Haarr moved to table the approval of the minutes of
May 15, 1974 and Commissioner Goldspiel seconded the motion. Upon
vote, the motion was unanimously carried.
Commissioner Haarr moved to approve the minutes of July 10, 1974
and Commissioner Shields seconded. Upon vote, the motion unani-
mously carried.
Flood Plain Ordinance Committee
Commissioner Keister asked his committee members to read the copy
of the ordinance which was distributed and added he would contact
them before August 7 regarding this information.
Winston Square Phase I - Plat of Dedication
Chairman Genrich read a letter dated July 9, 1974 from Michael
DiVincenzo, School District 102 Superintendent. It stated the
Board of Education of School District 102 had reviewed the school
site as shown on the Winston-Square Plat and had approved this
site for a school and the use of two acres to the Village of
Buffalo Grove for a well site and reservoir.
Mr. Joseph F. Koenen, Consulting Engineer for Centex was present
and stated the shape of the land plan was changed for 2 reasons .
When you got into final engineering of things the westerly line of
the project, due to the actual location of the lake, changed
slightly and the road swung in. In the final land plan, the road
was swung to the east to provide green area and to preserve 4 trees .
Plan Commission
Page 2 7/24/74
Essentially, this provides the same operation as they had before.
Commissioner Haarr inquired what had happened to the parcels in
this area and Mr. Koenen stated they had shifted slightly, but
almost remain the same.
Commissioner Haarr moved to table this matter until the Commission
received a copy of the current site plan. Commissioner Shields
seconded the motion, and upon vote motion unanimously carried.
Chairman Genrich stated the Plan Commission will look into this
matter again on September 4. He requested Mr. Koenen to bring
along for final plat approval:
1. Copy of the linen for all 3 phases.
2. Current copy of the site plan for all 3 phases .
3. This information should be presented to the Plan Commission
10 days prior to their acting on it. Mailing this information
as soon as possible would expedite the matter.
Mr. Koenen stated they have been waiting for approval from the
Village Engineer on these documents . Chairman Genrich stated
the Winston Square representative should be present for the
August 7 Plan Commission meeting to review the necessary documents
needed for approval. Chairman Genrich also requested the secretary
to mail copies of the minutes to Mr. Koenen and Mr. Kaplan.
Ebben Property
Commissioner Haarr motioned the Plan Commission deny the request
on the Ebben Property for rezoning to B-1 due to the fact that
the property with its shape and size would not allow construction
under the current zoning ordinance and would only cause future
problems with the parcel. There was no second.
Commissioner Goldspiel moved to disapprove because the request
for B-1 was also requesting certain variances . There was no second.
Commissioner Keister moved that we approve for rezoning to B-1.
Commissioner Goldspiel seconded. Discussion followed. Commissioner
Goldspiel offered an amendment to the motion. The amendment was
rejected and he withdrew his second.
Commissioner Shields moved we recommend to deny the petition and
recommend instead an amendment to the original annexation
agreement and approval of existing office uses or newly planned
office uses with approval of the Plan Commission. There was
no second.
Commissioner Haarr made a motion that we deny the request for
B-1 zoning as requested on the Ebben Property due to the fact
that the property does not meet the size requirements of the
14
Plan Commission
Page 3 7/24/74
zoning ordinance without the use of a special condition described
in the zoningordinance which allows property less than 1 acre to
be zoned in a B-1 district. Because of the questionability of
constructing a building on this parcel under the zoning ordinance
it would not be in the best interest of the Village to zone this
parcel B-1. There was no second.
Commissioner Haarr moved the Plan Commission deny the request on
the Ebben Property for rezoning to B-1 due to the fact that the
property with its shape and size would not allow construction
under the current zoning ordinances . Commissioner Shields
seconded the motion. The following vote was taken :
Commissioner Haarr Yes Commissioner Shields Yes
Commissioner Harris Yes Commissioner Goldspiel Yes
Commissioner Keister No
Motion carried by a 4 to 1 vote.
Commissioner Haarr moved to recommend to the Village Board that the
Ebben Property be rezoned to R-3 due to the fact that the property
does not meet the R-1 size requirements which it is currently zoned
and if for some reason the structure were destroyed the property
could not be rebuilt upon. The rezoning to the R-3 district would
allow this to be corrected and to continue the special use as
outlined in Ordinance 68-3 (Special Use as a real estate office
only) . Commissioner Goldspiel seconded the motion. The following
vote was taken:
Commissioner Haarr Yes Commissioner Shields No
Commissioner Harris No Commissioner Goldspiel Yes
Commissioner Keister No
Motion failed by a 3 to 2 vote .
Commissioner Keister moved to recommend to the Village Board that
the Ebben Property be rezoned to R-3 due to the fact that the
property does not meet the R-1 size requirements which it is
currently zoned and if for some reason the structure were destroyed
the property could not be rebuilt upon. The rezoning to the R-3
district would allow this to be corrected. It is our recommendation
that the current special use be expanded to include offices -
business and professional. Commissioner Shields seconded. The
following vote was taken:
Commissioner Haarr No Commissioner Shields Yes
Commissioner Harris Abstain Commissioner Goldspiel No
Commissioner Keister Yes Chairman Genrich Yes
Motion was carried by a 3 to 2 vote.
Plan Commission
Page 4 7/24/74
Commissioner Haarr stated he questioned the legality of expanding
the special use of offices in a residential area. He added there
is a vehicle for home occupations of business operations in a
residential district. Commissioner Goldspiel stated he agreed
with this. Commissioners Haarr and Goldspiel will submit a
minority report to the Village Board. Commissioner Harris remarked
he would also write a report to the recommendation to be submitted
to the Village Board.
Commissioner Keister stated he finds it difficult that two members
of the Commission can vote against a motion that they may think
is illegal, but previously vote for the same information acting
as if it was legal. He added he felt this was short sighted to
act in this manner.
I Chairman Genrich asked if the Commissioners would have any objections
to all 3 motions being submitted to the Village Board, along with
the May 15, 1974 copy of Mr. Beaubien's letter to Dan Larson stating
the property owners intended uses for the property. No objection
was raised. A minority report will also be attached.
District 102 Liaison
Chairman Genrich reported on his letter to Mr. Michael DiVincenzo,
School District 102 Superintendent, dated July 17, 1974. This
communication stated Burt Harris would be the Plan Commission's
liaison representative to District 102. This will be beneficial
to both organizations involved in that it does enhance and improve
communications.
The meeting adjourned at 11:00 p.m. .
Respectfully submitted,
N. eeborn
Recording Secretary
APPROVED:
l l J i
Carl Genrich, Chairman