Loading...
Minutes - 01/06/2009 - Zoning Board of Appeals1. 2. 0 MINUTES OF THE JANUARY 6, 2009 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 5, 2009 CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. ROLL CALL: ROLL. CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Glenn Krietsch, , Joseph Rush and Steven Young ABSENT: Members Baker Nimry and Wayne Ziemer IN ATTENDANCE. Robert Sanford, Trustee, Robert Kallien, Jr., Director of Community Development and Dale Durfey Jr, Village Engineer APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF OCTOBER 7-2M Motion by Member Rush, seconded by Member Krietsch to approve the minutes of the October 7, 2008 Regular Zoning Board of Appeals meeting as amended. VOICE VOTE: Motion carried. UNFINISHED BUSINESS UNFINISHED BUSINESS A SANTEFORT PROPERTIES INC. ON BEHALF OF SCHOPP — 12 SANTEPORT- SHOPP 12 HEATHER LANE HEATHER LANE — VARIATIONS TO ACCOMMODATE AN VARIATIONS EXISTING DRIVEWAY DRIVEWAY Steve Hummel, Construction Manager, Santefort Properties, Inc., reviewed the history of the request that had been continued for an extended period of time The Zoning Board of Appeals had continued the matter to give the applicant time to resolve the issues of safety with the Village and the Village Engineer. In the original application, there were three issues. 1. The driveway was built without Village approval. At the time, he was not the construction manager. He apologized that it was built the way that it was without the proper approvals. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 22 January 6, 2009 2. The second driveway on the east side did not have the two -foot radius as required by ordinance. Since that time, he has met with the Village Engineer and agreed that the radius should be changed to meet the safety issues. The driveway would be brought into compliance regarding this issue and therefore are no longer seeking this variation in the amended application. 3 The two easterly driveways do not conform to the ordinance because they are too close together. Instead of the 40 percent of the total lot width, that is required center to center, they are only at 20 percent. At the time it was built, there were three beautiful mature trees in that area of the lot. The driveway was configured to avoid damaging the trees. Unfortunately, since that time all of the trees have died. The owners advised that it was their intention to plant one or more mature trees in that area. Mr. Hummel asked that the Zoning Board recommend forgiveness on the first variation request. They are also seeking a recommendation of approval to reduce the distance between two driveways as required by ordinance. They are not changing the character of the neighborhood in any way. Within approximately 3 blocks, there are at least 6 driveways that are also nonconforming. One driveway across the street is almost the same configuration. No complaints were ever received by any of the neighbors. Chairman Davis questioned the reason for the 40 percent requirement in the zoning ordinance. Director of Community Development Kallien responded that this question has come up before. The language is part of the original zoning ordinance in 1966. If a revision 1s ever done to the code, this section may need to be modified. Village Engineer Durfey responded that the restriction probably applies more to commercial sites than to residential properties. Mr. Hummel summarized the standards that had been provided in writing on page 18 of the case file. 1. a. The plight of the owner is due to unique circumstances. RESPONSE: The unique circumstances were due to the three mature trees that existed on the property at the time the driveway was installed. 1 b. The variation, if granted, will not alter the essential character of the locality. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 22 January 6, 2009 Kv4 RESPONSE: The approval of the variation, if granted would continue to maintain the essential character of the locality. 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: There were big beautiful mature trees and their removal at that time would have been a hardship to the owner and to the neighborhood. 2, b.The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The exact condition would not be applicable generally to the other lots because there were two beautiful trees located in the wrong spot for the construction of the driveway. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: To their knowledge, there have not been any detrimental consequences to the neighbors in the three years that the driveways have been in place. 2. d.The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The variation, if granted does not increase dangers or negative impacts to the property values in the neighborhood. 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The variation is requested is not based upon a desire to make more money out of the property 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardship was due to the location of the trees, which existed prior to the construction of the house and driveway. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 22 January 6, 2009 11-0� Member Bulin questioned the issue of safety regarding the 270 degree turning radius. Village Engineer Durfey responded that the problem would be mitigated by the agreement of the applicant to widen the driveway by ten feet. Member Bulin questioned whether it was less than the 20 feet shown at the property line. Village Engineer Durfey responded that it was, and added that the last time there was a question as to whether it was one or two driveways The Village Attorney has since opined that it is two driveways. The Village accepted the scaled drawing, which was prepared by a professional engineer. Member Rush questioned whether any complaints had been received by any of neighbors 'in the three years that the driveways have been in place. Director of Community Development Kallien responded that no complaints were received. Gail Polanek noted that an updated notice was sent to the neighbors as well as the required legal publication of the public hearing. Member Young questioned the enforcement history of the property since there appeared to be a flagrant violation of the code, being that it was ignored and the driveway was built anyway. Village Engineer Durfey said that it was noted on inspection of the property that the driveway was built differently than depicted on the approved site plan, which started the variation request. Director of Community Development Kallien commented that it has been a very lengthy period, which is not normal for most of these types of issues. The applicant understood that if the request is not approved, in order to receive a final occupancy on the property they would have to remove the portions of the driveway that do not comply with the code. Chairman Davis noted that no one appears to know why the requirement is in the code, as the Village Engineer commented that it would be more applicable to commercial property rather than residential property. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 22 January 6, 2009 a Chairman Davis noted that the variation standards were addressed by the applicant in the testimony presented and in writing on page 18 of the case file. Motion by Member Bulin, seconded by Chairman Davis that the applicant requested forgiveness of the violation to Section 13 -12 -1D and to recommend approval of the variation that requires the design and engineering for all new or modifications to existing parking and loading facilities shall be approved by the Village Engineer prior to construction. ROLL CALL VOTE: Ayes: 5 — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 — Members Nimry and Ziemer. Motion Carried. Motion by Member Krietsch, seconded by Member Rush that the applicant addressed the required standards to recommend approval of the variation to Section 13- 12 -3E4 to allow the spacing of two driveways to be reduced to 20 percent of the lot width rather the Code requirement of 40 percent. ROLL CALL VOTE: , Ayes: 5 — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 — Members Nir ry and Ziemer. Motion Carried. The Zoning Board of Appeals noted that there are many residential driveways in the Village that do not conform to this section of the code and to recommend to the Village Board that the Village address and consider revisions to this section of the text in the Zoning. Ordinance. NEW BUSINESS A. MCDONALD'S USA LLC — 2111 MIDWEST ROAD — TEXT AMENDMENT — SECTION 13- 11 -7.A — TO ALLOW OFF -SITE PREMISES GROUND SIGNS• SPECIAL USES — SECTION 13 -7 -C.2 — TO ALLOW AN OUTDOOR DINING AREA ADJACENT TO RESTAURANT AND TO ALLOW DRIVE -IN LANES FOR A RESTAURANT; AND VARIATIONS -- TO ALLOW A FREESTANDING SIGN TO ALLOW THE GROSS SURFACE AREA OF THE SIGN TO BE 1,.00 SQUARE FEET, TO REDUCE THE PARKING SPACE REQUIREMENT FROM 79 TO 52 SPACES AND TO REDUCE THE REQUIRED HEIGHT OF THE LANDSCAPE SCREENING ADJACENT TO PARKING AREAS NEW BUSINESS McDONALD'S USA — 2111 MIDWEST RD TEXT AMENDMENT - SPFCIAL USES DRIVE fI­IRU AND OUTDOOR DINING VARIATIONS GROUND SIGN and SIGN SURFACE AREA, LANDSCAPE HEIGHT, REQUIRED PARKING SPACES B. J.P. MORGAN CHASE BANK N.A. — 2122 22 ND STREET —TEXT JP MORGAN CHASE 2122 sTRLET -- AMENDMENT --SECTION 13- 11 -7.A — TO ALLOW OFF -SITE TEXT AMENDMENT VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 22 January 6, 2009 PREMISES GROUND SIGNS AND VARIATIONS TO ALLOW A - vARIAT[ON To ALLOW SIGNAGE FREESTANDING SIGN AND TO ALLOW IT TO BE LOCATED TWO ENCROACHMENT FEET FROM THE FRONT LOT LINE Chainnan Davis swore in those that would testify in these matters. Mr. Henry Stillwell, Attorney for both applicants, identified the exhibits, the location and surrounding zoning of the subject properties and reviewed the Issue of the relief sought by each applicant. He noted that they eliminated McDonald's request for the setback variation for the proposed ground sign due to site plan changes that occurred as the result of the Plan Commission meeting and staff input and formally withdrew that request. The primary thrust of the application is the desire of McDonald's Corporation to demolish the existing building and construct a state of the art McDonald's restaurant with the new state of the art drive -thru facility. Market conditions have changed dramatically in the fast food restaurant with the number of sales generated by drive -thru facilities. Many years ago, that percentage was under 50 percent and today, this particular location is generating 70 percent of its sales volume through the drive -thru facility, which is projected to grow to 80 percent. The efficiency of the drive -thru system through the standpoint of customer service, satisfaction, efficiency and business success is critical. McDonald's Corporation has put a tremendous amount of effort into addressing that. The technology carries over into how the kitchen is laid out to accommodate the order system. The meals are not precooked, but are individually cooked. It is a very high tech effort, which has been very successful. Because of that, it is very important for all of the investments in the rebuild facilities to incorporate the new drive -thru standards. They met before the Plan Commission on November 17, 2008 and received their unanimous support for the special uses and the text amendment. While the primary focus of the application is for the redevelopment of McDonald's, an important component is the collaborative effort of Chase Bank and McDonald's to incorporate a reciprocal easement agreement so that there can be cross access between the properties and a sharing of their access and curb cuts on the adjacent arterial roadways. It is the reason that Chase Bank has become a participant in this process. Changes are being made to Midwest Road and a raised median will be constructed along Midwest Road that will go just to the north of the south access into the McDonald's restaurant. The change has put serious constraints on efficient and effective accessibility for the Chase site. Both property owners recognized that it would be beneficial to have VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 22 January 6, 2009 some type of shared access both between their properties. To make it function effectively, appropriate signage would be needed for individuals that would utilize the cross access locations in order to identify that those facilities are servicing both locations. This resulted in the request for the text amendment by both property owners to allow off site premises signage. The request is for one on the McDonald's site adjacent to Midwest Road and one on the Chase site adjacent to 22nd Street. They stated that all of the issues that were before the Plan Commission had effectively been addressed in the plan revisions. The McDonald's facility is located north of the Chase facility on a 1.55 acre site and is zoned B -3, with a drive -thru facility and has been in that location for approximately 30 years. Currently there are two full access points into the facility from Midwest Road, The Chase parcel is immediately south of the McDonald's facility and located at the northeast corner of 22nd Street and Midwest Road. It is approximately a 2 -acre site with a drive -thru facility. It has 2 curb cuts on Midwest Road and 2 curb cuts on 22nd Street. Rich Neubauer, Rebuild Manager, McDonalds, USA, LLC, reviewed the site plan. He stressed that it was important to note the changes that we occurring on Midwest Road. The state is going to install a non - mountable median that will end dust north of the existing south driveway. Because of the median, customers coming southbound on Midwest Road would have to enter the north driveway and all traffic would then turn right in front of the building and then turn left to go around the building. Directional signage will be in place advising the Chase customers that they will need to turn to the east and additional signage will direct them down to turn right into the Chase property. McDonald's customers would either park their car or enter the drive - tluu lane. The drive -thru lane has been located far to the east so that McDonald's traffic entering through the Chase access on 22nd would be able to enter the drive -thru lane. McDonald's customers can exit the drive -tluu lane and go out onto Midwest Road or could circle the building to exit thru the Chase site in order to go westbound on 22nd Street. The change will eliminate a lot of confusion on Midwest Road. The only change that is occurring on the Chase site is the two driveways that link the parcels together. The new building is located only 8 feet further east than the current building. Since the Plan Commission meeting and after conducting a traffic study of cars exiting the Chase Bank on a Friday afternoon, they changed the previously designed two -way traffic in front of the building. The western access point VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 22 January d, 2009 from Chase Bank into McDonald's has been changed to a right turn only. A customer would have to go east along the building and either go around the drive -thru lanes in order to access Midwest Road (to go southbound or northbound); or turn into the eastern access from McDonald's into the Chase Bank in order to go westbound on 22nd Street. There is a double drive -thru located at the McDonald's facility on Spring Road. They have been building these for about 4 years and it eliminates the backup at the ordering point. Other revisions as requested by The Plan Commission and village staff included: ■ They revised the northern access location on the site as recommended by Village staff; the parking has been reduced to 52 parking spaces. IDOT also requested that the southern entrance be revised from right in right out to a right out only access. ■ The Plan Commission requested that a pedestrian walkway be provided in the parking lot between the bank property and McDonald's and they have provided additional walkways from Midwest Road to the building entrances as requested. ■ They complied with the Plan Commission request to relocate the trash corral. ■ They are continuing to work on the design for the outdoor dining area. There will be a sunlight filtering material provided. The Plan Commission was concerned regarding some safety issues. They are providing 2.5 -foot bollards to prevent a vehicle from accessing the area. There is also additional landscaping provided, including a tree and a hedge of burning bushes. The only entry points into the area are from the access walks by the restaurant entrances. a The monument signs have been designed several different ways. Village staff requested that it be modified to make it a little classier. Both are brick. The McDonald's logo is on top for the McDonald's property and the Chase logo is on top for the Chase property. The plan has stormwater detention provided with a wetlands area, which currently does not exist on the site They are working with the County with regards to the wetland area. The perimeter of the site has numerous mature trees around it. Some are 22-24 - inch caliper trees that they are leaving in place. They are adding considerable landscaping to what exists. They are seeking a variation to waive the five -foot screening height around the perimeter of the site and four -foot screening height along the front. It is a very robust landscape plan with interesting colors and VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 22 January 6, 2009 variety of plant material. Rather than having one tall hedge around the site, it would make more sense to provide a variety of plant groupings. The landscape plan provides 12 percent more landscaping than what is on the existing site, which is already well landscaped. It is a contemporary, all masonry building approximately the same size, but will be on a slab without a basement as currently exists on the site. There is seating for approximately 120 people. The dining room has glass all the way around it with entryway doors on the south side and northwest corner. Lighting shines on the metal awnings at night. The design is a contemporary style that McDonald's is heading toward in the future. Review of Text Amendment Request Mr. Stillwell said that they are looking at the portion of the signage regulations that would allow off -site premises signs. The request includes a caveat that makes it part of a cross access arrangement between two or more commercial property owners. The whole idea is that they are trying to fit into the Commercial Revitalization Plan, which encouraged this type of plan for cross access. It would take some stress off of the adjacent arterial roads and makes for a more efficient circulation plan. They believe that this is appropriate and will help to make it work. It provides motivation to engage in that type of negotiation between adjacent property owners. They have complied with the Plan Commission recommended that one off -site premises sign be allowed per street frontage and agreed with the recommendation. He suggested that relative to other possible applications that the Village may deal with in the future, including different elements and objectives of flexibility that the village might need to facilitate and would be seeking to accomplish, that the language is not too restrictive to be used by others in the future without further amendments for each individual application. Chairman Davis questioned whether there were any restrictions relating to the size of the sign. Mr. Stillwell responded that the Plan Commission recommended that it not exceed 50 square feet per sign face and 100 square feet per sign total for a two faced sign and they are below the recommended limit. The proposed text is as follows: "The provisions of Section 13 -11 -3 to the contrary notwithstanding, one or more off -site premises ground sign(s) may be permitted when located on a retail /commercial development with which the benefited VILLAGE OF OAK BROOK. Zoning Board of Appeals Minutes Page 9 of 22 January 6, 2009 retail /commercial development has entered into a sign and cross access easement agreement providing for the use and operation of the off -site sign and the shared 'internal vehicle circulation and access to the adjacent public streets over, across and between each of the retail /commercial developments." Mr. Stillwell noted that the text amendment factors had also been submitted in writing as part of the application and summarized them as follows: Text Amendment Factors: 1. Character of the neighborhood RESPONSE: There are quite a few freestanding ground signs located in the proximity of the site. It is a very intensive commercially developed area on all sides and is adjacent to very busy arterial roadways. They are not altering the character of the area. 2. The extent to which property values are diminished by the particular zoning restrictions. They believe the proposed text amendment will facilitate enhancement of property values because it will be good for the properties using it with the cross access and identifiable signage. It will benefit other properties nearby because it will provide for more efficient utilization of the arterial roadways. There will be more effective traffic circulation control, which is good for everyone; it is a public interest resolve and is encouraged by the Village's Commercial Revitalization Plan. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. They believe that based upon some of the other examples they have identified in the immediate vicinity of freestanding road signs that there will be no negative impact on the adjacent properties. It will not impact the adjacent neighbors or properties in the area. 4. The suitability of the Property for Zoned Purposes Not Applicable as a text amendment. 5. Existing Uses and Zoning of Nearby Properties. It is very compatible as identified in their testimony, not only by land use, but also by other ground signs that are located in the area. They are enveloped in an intensive commercial area. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 22 January 6, 2009 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of Iand development. Not Applicable as a text amendment. 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the individual Property Owner. it is actually a public benefit. They are not seeking something that benefits just the applicants. The objective sought in the Commercial Revitalization Plan is to provide more efficient utilization of cross access, limit curb cuts, have more traffic control on the arterial streets and try to avoid unnecessary movements on the streets and on busy intersections as much as possible, which is to the benefit of the public. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. This is an objective being sought by the community and this request helps to implement that objective. 9. The Relationship of the Proposed Use to the Comprehensive Plan. The Commercial Revitalization Plan contemplates the whole idea of cross access and the signage that is essential for that to be an effective tool between these properties. 10. Community Need for the Use Proposed by the Property Owners. Not Applicable as a text amendment. The Plan Commission unanimously approved the request for the text amendment. Chairman Davis noted that the standards had been addressed in the testimony presented and were provided in writing on page F of the case file. The Plan Commission unanimously recommended approval of the request subject to three conditions. 1. The sign and cross access agreement entered into between the property owners is to be recorded so that it remains with the property in the event of sale or transfer of ownership. 2. 50 square feet maximum per sign face area per side (100 square feet maximum per sign) 3. One off -site premises sign allowed per street frontage. VILLAGE OF OAK. BROOK Zoning Board of Appeals Minutes Page 11 of 22 January 6, 2009 Chairman Davis noted that the applicant had complied with two of the conditions recommended by the Plan Commission. Text Amendment Motion by Member Krietsch, seconded by Member Rush that the applicant addressed the required standards to recommend approval of the text amendment as requested, subject to the sign and cross access agreements entered into between the property owners is to be recorded so that it remains with the property in the event of sale or transfer of ownership. ROLL CALL VOTE: Ayes: 5 — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 — Members Nimry and Ziemer. Motion Carried. Review of Special Use Requests _Outdoor Dining Area Mr. Stillwell said that the Plan Commission was concerned about pedestrian access and protection against vehicular intrusion. McDonald's had addressed those concerns and two modifications have been made to the plans as follows: 1. Dense hedging will be provided along the perimeter of the outdoor dining area to prevent pedestrian access in and out of the area. 2. Bollards will be anchored into the ground in accordance with appropriate specifications so that they will have the strength to prevent an automobile from inadvertently entering into the seating area and causing any injury to individuals in the area. They believe this will provide the kind of safety standards that the community is looking for. Special Use Standards 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. The special uses for the outdoor dining and a drive -tlu-u are specifically listed as appropriate in the zoning district and do provide a benefit to the public relative to the demand by the public for these types of convenient services. The request is being sought is specifically for the convenience-of the public' 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; The outdoor seating area has been designed to be located on the southwest side of the building and they believe that with the added safety provisions provided VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 22 January 6, 2009 the public welfare will be served and protected by the design of the facilities. The side -by -side drive thru provides for efficiency, shorter queues and a larger volume of business effectively, which limits and reduces forms of conflict on site or accessing the facility. McDonald's has done studies that examined the side -by -side drive use and the results have shown a 66 percent reduction in the queue. It improves traffic circulation, increases public safety, and protects the welfare of the community. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. The drive -thru facility is already in existence and has been so for 30 years. This is an improvement and would not result in injury, but rather a more efficient operation, updated technology that provides enhanced operational characteristics, not only from the standpoint of speed in processing, but also in the manner iii which processing occurs. It is a 24 -hour drive -thru facility that they would continue to operate on that basis and designed with modern technology that controls the speaker volume with the environment. They do not believe that there will be any detriment to the value of other property. The Plan Commission recommended unanimous approval of the special uses Drive -Thru Lanes Member Young questioned if they could project an increase in the amount of traffic flow. Michael Rechtorik said that there would be an increase in drive -thru sales with the configuration. The queue was for 10 vehicles and the site plan provides for 17 vehicles. There is space to allow for more and the site has been planned to provide for the increase. Member Young questioned with the center median raised whether emergency vehicles could get out of the site. Michael Rechtorik responded that they actually ran a truck template for a WB40 vehicle, which is quite a bit larger than a fire truck, and coming from the south a truck would be able to access and circulate around the site. Member Rush questioned whether vehicles would be able to go eastbound and westbound on 22nd Street. Michael Rechtorik said that there is a non - mountable median that would prohibit vehicles from going eastbound onto 22nd Street from the Chase site, but VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 22 January 6, 2009 they would be able to go westbound. If a vehicle were traveling eastbound on 22nd Street, they would be able to access the Chase site at the easternmost entrance where the median tapers down. Chairman Davis reviewed the conditions in the recommendation by the Plan Commission on page 23 of the case file. Mr Stillwell testified that all of the conditions set forth by the Plan Commission have been addressed and are contained in the revised plans. Chairman Davis noted that the applicant testified that the revised plans complied with all of the conditions recommended by the Plan Commission and that the applicant provided testimony and addressed the standards for the special uses in writing on page G of the case file. Member Krietsch noted that the striping for the pedestrian crossings for south and southwest access is not shown on the site plan. Mr. Neubauer responded that they could possibly provide the striping on the south pedestrian access without a problem, but it was not practical for the southwest access due to the angle of the path. Special Use - Drive -Thru Lanes Motion by Member Young, seconded by Member Bulin Rush that the applicant addressed the required standards to recommend approval of the requested special use to allow the drive -thru lanes as revised, subject to the following conditions: 1. The development shall be in substantial conformance with the plans as submitted and revised. 2. Notwithstanding the attached exhibits, the applicant shall meet all village ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: S — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 — Members Nimry and Ziemer. Motion Carried. Outdoor Dining Area Adjacent to a Restaurant Chairman Davis noted that the applicant testified that the revised plans complied with all of the conditions recommended by the Plan Commission and that the applicant provided testimony and addressed the standards for the special uses in writing on page G of the case file. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 22 January 6, 2009 ---gek Special Use — Outdoor Dining Area Motion by Member Bulin, seconded by Member Rush that the applicant addressed the required standards to recommend approval of the requested special use to allow an outdoor dining area adjacent to a restaurant as testified to and provided in the revised plans, subject to the following conditions: I . The only entry points into or out of the outdoor dining area are to be from the access walks by the restaurant entrances. The development shall be in substantial conformance with the plans as revised so that the safety issues are addressed. 2. Notwithstanding the attached exhibits, the applicant shall meet all village ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 5 — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 — Members Nimry and Ziemer. Motion Carried. Review of Variation Requests The variations requested by McDonald's were as follows: 1. Section 13- 11 -7.A.5 to permit a ground sign on a parcel containing less than three (3) acres, which shall be located no closer than six and one - half feet (6.5') from a lot line (Note: the setback portion of the variation request was withdrawn). 2. Section 13- 11 -7.A.3 to increase the maximum gross surface area of total wall signs permitted from 90 feet to 124 square feet 3. Section 13 -12 -5 to reduce the minimum number of off - street parking spaces required from 79 to 52; and 4. Sections 13- 12 -4.B.1 and 13- 12 -4.B.2 to reduce the height of the permanent landscaping installed in the front yard adjacent to the parking areas from four feet to approximately three feet and in the side and rear yards adjacent to the parking areas from five feet down to approximately four feet. The variations requested by J.P. Morgan Chase were as follows: 1. Section 13- 11 -7.A.5 to permit a ground sign on a parcel containing less than three (3) acres. 2. Section 13- 11 -7.A.5 to permit a ground sign to be located no closer than two feet (2') from a lot line. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 22 January 6, 2009 Variation Standards Mr. Stillwell commented that they are required to meet certain standards for approval of variations and have provided it in writing and addressed it in their testimony as follows: 1. c. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: It would be possible for the current facility to remain in operation, but is a facility of declining value, to both the public and the business generated from the site. If there is not redevelopment in a timely fashion then it will eventually degrade not only the value of the property, but the benefits that are derived from it. In order to facilitate the cross access and all of those benefits, such as tax revenue, the requested variations are essential to its success. Without the requested variations, there will not be sufficient return generated from this endeavor to justify the tremendous outlay of expenditures in a rather difficult economic environment to support this undertaking. They feel there would be a problem relative to a reasonable return on the investment if these variances were not granted. The street signs are very important to identify the access locations; visibility is very important, which is why they have asked for some trade off. They have asked for a little lower standard on the screening height around the parking area, but offered a very intense landscape plan. McDonald's pays a lot of attention to detail and they care a great deal about the site amenities, but they want it to be complimentary to the facility, not to be a screen to the facility. The wall signage variation that was requested is extremely important relative to the identification of the facility and the customer queues that help people to make a decision. A very large percentage of the sales are based upon impulse traffic. Studies indicate that as much as 70 percent of the volume of sales can be through impulse traffic. The identification of the facility is essential. McDonald's has always looked at new architectural standards that are pleasing to communities, but abandon a lot of the old corporate identity that has been established for 40 -50 years. It is very important, while giving up that architectural identity, that they have the other identifications and queues that the public can make their decision safely on site. 1. d. The plight of the owner is due to unique circumstances. RESPONSE: They are dealing with a use that has been in existence at this site for 30 years, but is outdated and needs to be improved. The conditions of VILLAGE OF OAK BROOD. Zoning Board of Appeals Minutes Page 16 of 22 January 6, 2009 2� the market place have changed dramatically since it was originally constructed. In order to address those needs a substantial investment is needed and this ties into the reasons for the variations. It is relatively unique given the circumstances and the factual characteristics that face McDonald's, in this massive redevelopment project for this particular location. 1. e. The variation, if granted, will not alter the essential character of the locality. RESPONSE: This was previously addressed, the property is surrounded by commercial development with numerous signs similar to the ones they are requesting. The landscaping provided will be better than what presently exists. They will be increasing the amount of landscaping, so the variance on the screening will not be a detriment, and in fact, the aesthetics will be improved. The essential character of the area will not be harmed. 2. g. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: They have a situation where changes are being made to Midwest Road, which will impact McDonald's and the Chase site relative to the barrier median that will be installed. It is an environment of major arterial roads that are busy and begs for better traffic circulation, control and visibility so that decisions can be made with enough distance so that there are safe operations with the entry and exiting of both facilities. 2. h. The condition upon which the petition for variation is based would not be applicable generally to the other property, within the same zoning classification. RESPONSE: They have unique factual circumstances that would not be applicable to other property, but only to this site. 2. i. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: They believe it will not only enhance the public benefit through these changes and will provide better service and aesthetics, but will improve circulation on the arterial roads adjacent to it through more effective utilization with the cross access. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page' 17 of 22 January 6, 2009 2. j. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or b t tall diminish or impair property values within the su s an y neighborhood. RESPONSE: The types of variances they are requesting are compatible with the intensive commercial area with a very busy arterial intersection. The variances in no way would negatively impact the supply of air and light or the values of other properties. 2. k. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: Any time you invest substantial monies on the redevelopment of your property it is based upon an economic motivation. It is their hope that this will be a very successful endeavor and that there will be a very good return on the investment. They do not diminish their belief that is an important component, but that is not the only component. It is very important to provide for the satisfaction of the customers to provide for the benefits to the community to provide cross access, better circulation and utilizing up to date technology. The proposed drive thru system have new types of sound systems that have automatic volume control based upon ambient noise levels to make sure that someone does not forget to turn down the volume in the evening when the ambient noise is less. It is not ,lust about the money. It is also to provide a better overall environment in the community and for their customers. 2.1. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The building has been on the site for a long time, and what has gone on around it has developed over many years. They cannot control the intensity of the impacts. They are not unhappy about having busy arterial streets adjacent to the properties, because they service the needs of these businesses. They have not created them, but they do impact this property and mitigate any impacts from the variances they are seeking. They believe that they have addressed and met the standards imposed by ordinance and ask that the board give favorable consideration to the variation requests. They have withdrawn the request for a variation on the location of the ground sign on Midwest Road. Chase has requested a variation for a ground sign on less than a three -acre parcel and is seeking a two -foot setback from the front lot line as opposed to a ten -foot setback. On 22"d Street, a substantial parkway exists from edge of VILLAGE OF OAK BROOK. Zoning Board of Appeals Minutes Page 18 of 22 January 6, 2009 pavement to the property line. Even with the proposed widening of 22"d Street there will still be a substantial parkway separation between pavement and automobiles. There is also very heavy commercial development directly to the east of the Chase site, including other ground signs, which impacts the visibility. The closer proximity to the property line is essential for the sign to have any kind of effectiveness in order to help promote the use of that location. McDonald's — Variation to Allow a Ground Sin on a Properly with Less than Three Acres Motion by Member Rush, seconded by Member Young that the applicant addressed the required standards to recommend approval of a variation to allow a ground sign on a property with less than 3 acres subject to the following conditions: 1. The ground sign is to be constructed in substantial conformance to the revised signage details and elevations drawings as shown on pages 19- 19.a of the case file. 2. Meet all provisions of the Zoning Ordinance relative to ground signs including landscaping and lighting. 3. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: S — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 -- Members Ninny and Ziemer. Motion Carried. Chase Bank Variation to Allow a Ground Sign on a Property with Less than Three Acres Motion by Member Rush, seconded by Member Young that the applicant addressed the required standards to recommend approval of a variation to allow a ground sign on a property with less than 3 acres subject to the following conditions: 1. The ground sign is to be constructed in substantial confonmance to the revised proposed signage details and elevations drawings as shown on pages 19 -19.a of the case file. 2. Meet all provisions of the Zoning Ordinance relative to ground signs including landscaping and lighting. 3. Not withstanding the attached exhibits, the applicant shall meet all VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 19 of 22 January 6, 2009 �`s Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes. 5 -- Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 -- None Absent: 2 — Members Nimry and Ziemer. Motion Carried. Chase Bank Variation to Allow a Ground Sign to be Placed Less Than Ten Feet from the Lot Line Motion by Member Rush, seconded by Member Young that the applicant addressed the required standards to recommend approval of a variation to allow a ground sign to be placed on a property no less than two (2) feet from the lot line, subject to the following conditions: 1. The ground sign is to be constructed in substantial conformance to the revised proposed signage details and elevation drawings as shown on pages 19 -19.b of the case file. 2. Meet all provisions of the Zoning Ordinance relative to ground signs including landscaping and lighting. 3. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 5 — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 --- None Absent: 2 -- Members Nimry and Ziemer. Motion Carried. McDonald's — Variation to Increase the Maximum Gross Surface Area of Wall Signs Motion by Member Young, seconded by Member Rush that the applicant addressed the required standards to recommend approval of a variation to allow an increase of the maximum gross surface area of the wall signs from 90 square feet to 124 square feet, subject to the following conditions: 1 The signage is to be constructed in substantial conformance to the revised signage details and elevation drawings as shown on pages 19- 19.a of the case file. 2. Meet all provisions of the Zoning Ordinance relative to ground signs including landscaping and lighting. 3. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 20 of 22 January 6, 2009 fo-ocr ROLL CALL VOTE: Ayes: 5 — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 —None Absent: 2 — Members Nimry and Ziemer. Motion Carried. McDonald's — Variation to Reduce the Required Number of Parkin Spaces Motion by Member Bulin, seconded by Member Krietsch that the applicant addressed the required standards to recommend approval of a variation to allow a reduction of the required parking spaces from 79 to 52 spaces as shown on the revised site plan subject to the following conditions: 1. To be developed in substantial conformance to the details as shown on Sheet 3.0 as revised in the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 5 -- Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 -- Members Nimry and Ziemer. Motion Carried. McDonald's Variation to Reduce the Required Height of the Landscape Screening in the Front Side and Rear Yards Adjacent to the Parkin Areas Motion by Member Krietsch, seconded by Member Bulin that the applicant addressed the required standards to recommend approval of a variation to allow a reduction of the height of the permanent landscape screening adjacent to parking areas in the front yard from four feet to approximately three feet and in the side and rear yards adjacent to the parking areas from five feet down to approximately four feet as shown on the revised landscape plan subject to the following conditions: 1. To be developed in substantial conformance to the revised details as shown on Sheet L -1 as revised in the case file. 2 Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 5 — Members Bulin, Krietsch, Rush, Young and Davis Nays: 0 — None Absent: 2 — Members Nimry and Ziemer. Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 21 of 22 January 6, 2009 0�- 6. OTHER BUSINESS OTHER BUSINESS 7. There was no other business to discuss. ADJOURNMENT: Motion by Member Rush, seconded by Member Bulin to adjourn the meeting at 9:25 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallien, D' ctor o Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 22 of 22 January 6, 2009 ADJOURNMENT