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S-1223 - 01/22/2008 - ZONING - Ordinances Supporting Documents STARDUCKS COFFEE 2407 22m STREET Variations - Ground Sign and Setbacks INDEX PAGE CONTENTS 35-35.a Memorandum from Director of Community Development Kallien - Village Board Agenda —January 8, 2008 34-34.a Recommendation from Zoning Board of Appeals dated January 3, 2008 33-33.b Zoning Board of Appeals Meeting Minutes Dated December 4, 2007 32 Applicant's Request for a Continuance dated December 4, 2007 31-31.a Staff Report from Director of Community Development Kallien dated November 27, 2007 re: Additional Information 30-30.d Zoning Board of Appeals Meeting Minutes Dated November 6, 2007 29-29.a Staff Report from Director of Community Development Kallien re: Sign Variations 28 Proposed Cross Section of 22nd Showing Surrounding Rights of Way (Included — Not Attached) 27 Memorandum from Village Engineer Durfey re: Review dated October 15, 2007 26 Memorandum to Village Engineer Durfey dated October 15, 2007 25 Certificate of Publication dated October 16, 2007 24 Resident Letter dated October 12, 2007 Amended Application and Supporting Materials 23 Amended Application —Variation for Proposed Ground Sign to Front and Side Setbacks 22-22.c Applicant's Project Narrative— Ground Sign and Setback Encroachment Variations 21 Applicant's Response to Variation Standards to Setback Requirements 20 Certification of Surrounding Property Owners dated October 16, 2007 19 Surrounding Property Owners List 18 Site Plan - Proposed Sign Location, Existing/Proposed Curb, Vegetation East of Sign. 17 Picture at 10-foot Setback Showing Approximate Location of Sign 16 Picture at Requested Front Setback Showing Approximate Location of Sign 15 Picture Heading East at 10-foot setback Showing Approximate Location of Sign 14 Picture Heading East at Requested Setback Showing Approximate Location of Sign 13 Picture Heading West at 10-foot setback Showing Approximate Location of Sign 12 Picture Heading West at Requested Setback Showing Approximate Location of Sign 11 Site Plan Showing Neighbors to West Sign Location, Existing/Proposed Curb 10 Oak Brook Medical & Surgical Centre— Existing Sign, and Views (Included — Not Attached) 9 Room and Board — Existing Sign, and Views (Included — Not Attached) 8-8.i. Zoning Board of Appeals Meeting Minutes Dated October 2, 2007 7-7.a Staff Report from Director of Community Development Kallien re: Variation dated September 25, 2007 6 Resident Letter dated September 13, 2007 5 Certificate of Publication dated September 13, 2007 4 Memorandum from Village Engineer Durfey re: Review dated August 21, 2007 3 Board of Trustees Referral Meeting Minutes dated August 28, 2007 (Not Included) 2 Referral Memo to Board of Trustees from Director of Community Development August 28, 2007 Agenda 1-1.a Signs B-3 District—Zoning Ordinance—Section 13-11-7A-5 —Ground Sign Requirements PAGE CONTENTS Original Application and Supporting Materials A Application/Petition —Variation to Allow a Ground Sign B Applicant's Project Narrative C-C.2 Applicant's Response to Standards for Variations D-D.1 Letters of Standing from Property Owner and Starbucks Coffee Authorizing Request for Variation Relief E Ground Sign Detail—by Enseignes Pattison Sign Group, Sheet SP-1 Revision Date July 30, 2007 F Aerial Photograph with Site Location and 22"d Street Sight Lines G Site Plan—by Sarfatty Associates Ltd., Sheet SP-1 Revision Date July 24, 2007 H Landscape Plan—by Sarfatty Associates Ltd., Sheet SP-2 Revision Date July 24, 2007 1 Fee/Receipt J Certification of Surrounding Property Owners K Surrounding Property Owners List L Subject Property Verification and Legal Description M Survey dated May 9, 2006 (Not Included —Official and Key Files Only) 0 • r PGA OF OgKB9 v O O 7K G f y mile[= f R C0UN14I,� I� AGENDA ITEM Regular Board of Trustees Meeting of January 8, 2008 SUBJECT: Starbuck's—2407 22°d Street—Variations FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: 1. I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13-11-7A.5 of the Zoning Ordinance to permit a ground sign on a property of less than three acres in size on the property located at 240722"d Street subject to the following conditions: a. Construction of the sign to be in conformance with the plans as submitted, including the landscape plan; b. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 22,2008 Board of Trustees meeting. 2. I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13-11-7A.5 of the Zoning Ordinance to permit a ground sign to be placed one (1) foot from the front lot line along 22°d Street and five (5) feet from the side lot line subject to the following conditions: a. The development shall be in substantial conformance with the plans as submitted on pages E, G and H of the case file; b. The sign will comply with all Village lighting standards at time of building permit application; c. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 22,2008 Board of Trustees meeting. Last saved by administrator 1:\ComDev\GPOLANEK\I-FROM BOB\Bot-PC-ZBA\BOT-Rec-Starbucks-VAR-final action-Jan2008.doc 1. s • 0 Background/History: At its meetings on October 2, 2007, November 6, 2007 and December 4, 2007, the Zoning Board of Appeals held the required public hearing and completed its deliberations on a request from TJ Design Strategies as the authorized representative of Starbucks Coffee Company on behalf of the Mary Ann R Monty Trust #8-1995, the owner of the property seeking approval of two variations to Section 13-11-7A.5 of the Zoning Ordinance. Specifically, the applicant is seeking a variation to permit a 55.5 square foot ground sign on a commercial property that is less than three acres in size. The second variation is for relief from the requirement that the sign be not closer than ten feet (10') from a lot line. The applicant has proposed that ground sign to be located one (1) foot from the lot line along 22nd Street and five (5) feet from the east side yard. Recommendation -Variations On December 4, 2007, by a vote of 5 to 1, the Zoning Board of Appeals found that the applicant addressed and satisfied the requirements for approval of a variation to permit a ground sign on a parcel that is less than three (3) acres in size in the B-3 District subject to the following conditions: 1. Construction of the sign to be in accordance with the plans as submitted, including the landscaping plan. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived. Also by a vote of 5 to 1, the Zoning Board of Appeals found that the applicant addressed and satisfied the requirements for approval of a variation to allow the ground sign to be placed one (1) foot from the front lot line along 22"d Street and five (5) feet from the side lot line subject to the following conditions. 1. The development shall be in substantial conformance with the plans as submitted on pages E, G and H of the case file. 2. The sign will comply with all Village lighting standards at time of building permit application. 3. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived. Last saved by administrator I:\ComDev\GPOLANEK\I-FROM BOB\Bot-PC-ZBA\BOT-Rec-Starbucks-VAR-final action-Jan2008.doc 2. '� e E of 04.t • • pG B9 O � O � A � h G O A 2 9CF OOUNTV Village of January 3, 2008 Oak Brook Village President Craig and Board of Trustees 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road Website www.oak-brook.org Oak Brook, IL 60523 Administration 630.368.5000 SUBJECT: Starbuck's Coffee c/o TJ Design Strategies—2407 22nd Street— FAX 630.368.5045 Variation to Section 13-11-7A-5 of the Sign Regulations Community Development Dear President Craig and Board of Trustees: 630.368.5101 FAX 630.368.5128 Background At its meetings on October 2, 2007, November 6, 2007 and December 4, 2007, the Engineering Department Zoning Board of Appeals held the required public hearing and completed its 630.368.5130 deliberations on a request from TJ Design Strategies as the authorized representative FAX 630.368.5128 of Starbucks Coffee Company on behalf of the Mary Ann R Monty Trust #8-1995, Fire Department the owner of the property. The applicant is seeking approval of two variations to 630.368.5200 Section 13-11-7A.5 of the Zoning Ordinance. Specifically they are seeking a FAX 630.368.5251 variation to permit a 55.5 square foot ground sign on a commercial property that is less than three acres in size. They are also seeking relief from the requirement that Police Department the sign is not to be closer than ten feet (10') from a lot line. The applicant has 630.368.8700 FAX 630.368.8739 proposed that ground sign to be located one (1) foot from the lot line along 22nd Street and five (5) feet from the east side yard. Because of the size of the existing Public Works right of way between the property and 22nd Street, the sign will be located 99 feet Department from the curb at 22nd Street. 630.368.5270 FAX 630.368.5295 Public Comment Oak Brook All interested parties were notified of the public meeting. Mr. Bill Lindeman, a Public Library resident of the Brook Forest Subdivision spoke in opposition to the proposed variations, although he did not have a problem with the sign aesthetically. 600 Oak Brook Road Oak Brook,IL 60523-2200 Recommendation 630.368.7700 FAX 630.368.7704 At the November 6, 2007 meeting, the Zoning Board of Appeals voted three (3) to two (2) to approve the requested variations in order to construct a ground sign at the Oak Brook Sports Core new Starbuck's located at 2407 22nd Street. As such, the Starbuck's matter was continued to the December meeting because the vote did not have the 4 vote majority Bath&Tennis Club needed for approval. The Zoning Board of Appeals Rules of Procedure require that 700 Oak Brook Road Oak Brook,IL 60523-4600 if a member is absent, and that members vote could give the applicant the majority 630.368.6420 (4) votes necessary for approval, the matter is automatically continued to the next FAX 630.368.6439 meeting. Golf Club 2606 York Road On December 4, 2007, by a vote of 5 to 1, the Zoning Board of Appeals found that Oak Brook,IL 60523-4602 the applicant addressed and satisfied the requirements for approval of a variation to 630.368.6400 FAX 630.368.6419 3y January 3, 2008 President Craig and Board of Trustees RE: Starbuck's—2407 22nd—Variations Page 2 permit a ground sign on a parcel that is less than three (3) acres in size in the B-3 District subject to the following conditions: 1. Construction of the sign to be in accordance with the plans as submitted, including the landscaping plan. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived. Also by a vote of 5 to 1, the Zoning Board of Appeals found that the applicant addressed and satisfied the requirements for approval of a variation to allow the ground sign to be placed one (1) foot from the front lot line along 22nd Street and five (5) feet from the side lot line subject to the following conditions. 1. The development shall be in substantial conformance with the plans as submitted on pages E, G and H of the case file. 2. The sign will comply with all Village lighting standards at time of building permit application. 3. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived. Very truly yours NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals MAChairletter-Starbucks-Sign VAR-2007.doc 3�� MINUTES OF THE DECEMBER 4, 2007 REGULAR DRAFT MEETING O H ZONING HE VILLAGEOF O K BROOK O APPROVED AS WRITTEN OR AMENDED ON_, 2007 1. 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 7:31 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, Jeffrey Bulin, Glenn Krietsch, Baker Nimry and Steven Young IN ATTENDANCE: Robert Sanford, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF NOVEMBER 6. 2007 Motion by Member Ascher, seconded by Member Nimry to approve the minutes of the November 6, 2007 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried 4 UNFINISHED BUSINESS UNFINISHED BUSINESS 0 STARBUCK'S COFFEE c/o TJ DESIGN STRATEGIES — 2407 22"d STARBUCK'S vio TJ DESIGN STRATEGIES STREET — VARIATION TO SECTION 13 11 7A 5 OF THE SIGN -2407 22nd STREET- VARIATION - REGULATIONS REGULATIONS SIGN Chairman Davis said that the applicant was unable to appear at this meeting and asked to continue the matter. Motion by Member Young, seconded by Member Nimry to continue the public hearing to the next regular Zoning Board of Appeals meeting. VOICE VOTE: Motion carried. During the discussion regarding rescheduling the January 1, 2008 regular meeting (due to the New Years Day holiday) it was determined that there would VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 24 December 4, 2007 , only be 4 members present at that meeting, which would put the status of the Starbucks matter in the same position that it was in at the last meeting in November. Since this agenda item was properly noticed for hearing at this meeting and a full board was present, a poll was taken of the members and it was decided to place the Starbucks matter back on the agenda. Motion by Member Young, seconded by Member Nimry to deny the previous request by Starbucks to continue the matter and to bring the Starbucks matter back on the agenda as was properly noticed and to vote on the request as required in Section 13.5 of the Zoning Board of Appeals Rules of Procedure. VOICE VOTE: Motion carried. Chairman Davis questioned whether Member Young had listened to the DVD or read the meeting minutes as required in order to be eligible to vote. Member Young stated for the record that he had watched the DVD of the November 6, 2007 public hearing and had reviewed the Starbucks case file in depth. He further stated that he was fully informed and prepared to vote on the matter at this hearing. Member Krietsch stated for the record that he had visited the site since the last meeting and previously thought the lot line for the property abutted the drive and it did not and there is all of the right of way land between there and the road. His objection was the 1 foot lot line and after viewing the property, no longer had his previous objections to the setback variation request. Chairman Davis noted that the applicant had addressed the standards for the variation to allow the ground sign as requested at the last meeting in testimony and in writing. Member Young asked Member Ascher what his previous objection was to the request. Member Ascher responded that he had driven by the property many times and wondered why they should have it and did not think that they need the sign. He then looked at the other variances that have been granted along the street and the number of variances that have been approved over the last couple of years. Looking at the dimensions of the sign and even though it was described as a 55 square foot sign, he believes it was more than 80 square feet. Member Young said that he believes a stronger sign ordinance is needed, and a study should be done outside of the aesthetics. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 24 December 4, 2007 Chairman Davis said that testimony was provided regarding the safety issue of the need for the sign to enable the public to locate the building along the street ahead of time rather than seeing it at the last minute and slamming on the car break all at once in order to make the turn. Member Nimry said that in regard to the signs in the last couple of years, he agreed with Mr. Ascher's comments, however, this is one of the best signs that he had seen presented to the Zoning Board in the last two years. Variation—Ground Sign Motion by Chairman Davis, seconded by Member Krietsch to recommend approval of the variation to allow a ground sign on a property that is less than 3 acres in size in the B-1 District subject to the following conditions: 1. Construction of the sign to be in accordance with the plans as submitted, including the landscaping plan. 2. Notwithstanding the exhibits contained in the case file, 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,Nimry, Young and Chairman Davis Nays: 1 — Member Ascher. Motion Carried. Variation—Ground Sign Setbacks Motion by Member Nimry, seconded by Member Young to recommend approval of the variation to allow the ground sign to be placed 1 foot from the front lot line (22"d Street) and 5 feet from the side lot line subject to the following conditions. 1. The development shall be in substantial conformance with the plans as submitted on pages E, G and H of the case file. 2. The sign will comply with all Village lighting standards at time of building permit application. 3. Notwithstanding the exhibits contained in the case file, 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,Nimry, Young and Chairman Davis Nays: 1 — Member Ascher. Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 24 December 4, 2007 33 � esign Strategies, trn. placating.site development.consulting December 4,2007 Mr.Champ Davis Zoning Board of Appeals Chairman Village of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 RE: Starbucks—Sip Variation 2407 W 22`d Street Continuance Request Dear Chairman Davis: Starbucks Coffee Company (applicant) and The Mary Ann R Monty Trust #8-1995 (owner) respectfully requests that this evening's discussion as it relates to the above matter be continued to the ZBA's January, 2006 meeting. Mr. Johnson is currently out of town and StarbucWs representative,Michael Achim who was planning on attending this evening had an unexpected conflict arise that must take precedence. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, Tj D begies,Ltd. f Theodore R.jo CP,ASt.A//J Krieg President ti9:jdk 2,311 W.22nd Street,Suite 208,Oak Brook,IL 60523 P:630.368.0840 F:630.368.0845 E:info@gdesignitd.com �I I —3j-- G W 0 0 E OF Oqq. p ego A A O y G 0 A ` ce COUNTV Village of Oak Brook 1200 Oak Brook Road Date: November 27, 2007 Oak Brook,IL 60523-2255 Website To: Zoning Board of Appeals www.oak-brook.org Administration From: Robert L. Kallien Jr., Community Development Director 630.368.5000 FAX 630.368.5045 Subject: Starbuck's—Variations—Ground Sign and Setbacks—Additional Community Information Development 630.368.5101 At the November 6, 2007 meeting, the Zoning Board of Appeals voted three (3) to FAX 630.368.5128 two (2) to approve the requested variations in order to construct a ground sign at Engineering the new Starbuck's located at 2407 22nd Street. As such, the Starbuck's matter was Department continued to the December meeting because the vote did not have the 4 vote 630.368.5130 majority needed for approval. The ZBA Rules of Procedure require that if a ZBA FAX 630.368.5128 � y a pp q member is absent, and that members vote could give the applicant the majority (4) Fire Department votes necessary for approval, the matter is automatically continued to the next 630.368.5200 meeting. FAX 630.368.5250 Police Department When the vote is taken again on December 4 and if it should end up 3 to 3, the 630.368.8700 motion will fail and it is reported as a denial to the Village Board. If the vote FAX 630.368.8739 attains the majority of 4 votes in favor, it is reported as a recommendation of Public Works approval. Department 630.368.5270 During the previous meetings on this request, comments were made relative to the FAX 630.368.5295 previous request fora round sign at the Walgreen's which is located at the southwest corner of 22" Street and Midwest Road. In my review of that case, Oak Brook some information relative to that request has not been fully stated. Public Library 600 Oak Brook Road In 1998, Walgreen's petitioned the Village for three items: special use for a drive- Oak Brook,IL 60523-2200 thru, variation to the front yard setback to construct additional parking; and a 630.368.7700 variation for a ground sign. The majority of the discussion on this case revolved FAX 630.368.7704 around the ground sign. The ground sign that Walgreen's was seeking provided for Oak Brook Sports Core a total of 95 square feet of sign area, was 16 feet in height (8 feet is the ordinance standard), and contained an electronic reader board. Bath&Tennis Club 700 Oak Brook Road Approval was ultimately granted by the Village Board for the special use and the Oak Brook,IL 60523-4600 variation which reduced the front yard setback. 630.368.6420 FAX 630.368.6439 The Zoning Board of Appeals did not recommend approval of the variation for the Golf Club sign; the applicant formally withdrew that portion of the request at the Village 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 3 ! November 28, 2007 Zoning Board of Appeals RE: Starbuck's—Variations—Ground Sign Page 2 Board level. In reviewing the file, the Zoning Board was concerned that approval of the sign would set a precedent for other such requests on similarly sized properties. Since the Walgreen's case, the Village has granted sign variations on two properties. InSite Oak Brook Limited Partnership, the owner of the property d at 1603 16th Street received approval for round sign on property with locate pp g � p P Y less than three (3) acres as part of their recent proposals to redevelop the property with a Fifth Third Bank. Mid-America Asset Management received approval of a variation to the sign regulation to hpermit a larger sign at the Oaks of Oak Brook shopping center located at 1600 16t Street. With respect to your continued deliberations on the Starbuck's matter, it is my recommendation that the Zoning Board take separate votes each of the variation requests. 1 • • MINUTES OF THE NOVEMBER 6, 2007 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 4, 2007 1. CALL TO ORDER: CALL TO ORDER I 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 7:31 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, Jeffrey Bulin, Glenn Krietsch and Baker Nimry ABSENT: Member Steven Young IN ATTENDANCE: Robert Sanford, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES SPECIAL ZONING BOARD OF APPEALS MEETING OF AUGUST 22. 2007 Motion by Member Bulin, seconded by Member Krietsch to approve the minutes of the August 22, 2007 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried REGULAR ZONING BOARD OF APPEALS MEETING OF October 2. 2007 Motion by Member Bulin, seconded by Member Krietsch to approve the minutes of the October 2, 2007 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried UNFINISHED 4) UNFINISHED BUSINESS BUSINESS CA)STARBUCK'S COFFEE c/o TJ DESIGN STRATEGIES — 2407 22nd STARBUCK'S C/o TJ DESIGN STRATEGIES STREET — VARIATION TO SECTION 13-11-7A-5 OF THE SIGN Z STREET- VA RIAT ON IGN REGULATIONS REGULATIONS Chairman Davis swore in all parties that would testify. The matter had been continued at the last meeting to allow for the publication and notice of an VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 6 November 6, 2007 30 . additional variation to the setbacks for the proposed ground sign. Ted Johnson, President, TJ Design Strategies reviewed the variation requests for a ground sign and to the location of the ground sign. Due to technicalities, it was decided that an additional publication would be required to specifically address the location of the sign. He stressed that no changes had been made to the proposed site plan that was represented at the last meeting. An exhibit showed the distance measured for the proposed Starbucks sign in relation to the existing curb line as well as for the sign placement on the parcels west of the subject property. They included and reviewed an overlay depicting the new curb lines based on the Preliminary IDOT 22nd Street improvement plans. Existing Curb Distance Proposed Curb Starbucks proposed sign 99 feet 79 feet Oakbrook Medical Centre 96 feet 76 feet Room and Board 75 feet 60 feet The applicant's response to the variation standards were submitted in writing on page 21 of the case file. The request made was due to the overall size of the property, the large right of way, and the adjacent landscaping to the east. The proposed sign is consistent with the location of the existing signs in the neighborhood and will not alter it in any way. William Lindeman, resident, said that he attended the last Commercial Revitalization plan meeting and that Houseal Lavigne presented their final draft which will move in the very near future to the Plan Commission, there will be a public hearing and then it will go to the Village Board. He said that emphasis was placed on the importance of addressing the zoning code,which includes the signs. It is obvious from the number of requests before the Zoning Board that there is some need for adjustment, but it seems in his opinion that it would get in the way from what Oak Brook always stood for. The applicant claimed that the other two signs (approved by the Village)justify the need for the third sign. Walgreen's wanted a ground sign years ago and they were denied a ground sign; and their issue was the shrubbery and vegetation in the right of way obstructed a clear view of the sign, which was partly true. With Starbucks, there are no mature trees, or any trees other than the trees planted by Starbucks in front of their property. The beauty of the south side of 22"d Street and Butterfield Road is the presence of trees and shrubs in the front yard and in the right of way. In his opinion, given the timing and the nearness of the sign code being reviewed, he felt it was premature to add signage that may not be appropriate. The medical center sign is a very subdued quality sign, without interior lighting that suits the nature of Oak Brook and does not grab your VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 6 November 6, 2007 30a attention. The Starbucks sign will be considerably different, which will be e property line. The face of the sign would be illuminated and one foot from th p p y gn perpendicular to the street. No mention was made to the sign to the east of Starbucks which is a development with two large office buildings and has a very appropriate sign. It's larger, but it is parallel to 22"d Street. It serves it purpose of advising the name of the building, street address and managing agent. It is surrounded by shrubbery and there are trees that block the view at certain points. He did not see how the Zoning Board could approve a ground sign on an undersized property and approve variations to the required setbacks. At this time, it would be inappropriate. If Walgreen's could not have it, he did not believe that Starbucks should have one. He suggested a temporary sign as an alternative since it is a new business. At some point, there would be an established clientele and people will know where they are at and then there may not be a need for a sign. As the sign code is changed, they would be setting a precedent for what others may feel is needed to compete. Room and Board has a tasteful sign, but it should not be used as justification to make changes or grant relief for a third sign. Part of the problem may be the inability to locate the sign more than one foot from the property line. Mr. Johnson said that to place the sign further south would be obscured by the existing vegetation. Mr. Lindeman said that everyone would like a clear view of their sign and doesn't think this should be done in an attempt to sell coffee. Chairman Davis noted that at the last meeting Mr. Lindeman had indicated that he did not have a problem with the sign aesthetically. Mr. Lindeman confirmed that he had. Chairman Davis said that the applicant stated in their testimony that this sign will not essentially alter the character of the neighborhood, which already consists of other ground signs. Mr. Lindeman commented that the Zoning Board of Appeals should not continue what may be inappropriate and suggested that would be wise to wait until there is a review of the sign ordinance. Maybe then, they will get the blessing for the sign,but on the other hand, they may recommend to avoid what has been done in the past and prevent it from happening. Chairman Davis said that this request is before the Zoning Board at this time and that a decision must be made and that the matter cannot be continued generally to such unknown time. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 6 November 6, 2007 30 .x. Chairman Davis questioned whether Village Engineer Durfey had reviewed the Site Plan regarding the concerns raised on the possible 22°a Street expansion. Mr. Johnson responded that in Mr. Durfey comments it was stated that there were no sight line issues with the sign placement. The Site Plan also notes the current and proposed curb placement as proposed by IDOT. Mr. Johnson said that nothing has changed in relation to the style, size or location of the proposed sign that has been requested. The sign is 55 square feet, which includes the brick base. The sign itself is about 27 square feet. The addition of the sign would also increase the amount of landscaping surrounding the base of the sign. They have addressed all items that the Zoning Board required. Chairman Davis noted that the applicant had testified that the sign added a safety feature to the area, by being visible to drivers to locate the Starbucks along 22"d Street before reaching the entrance. Member Bulin questioned who had removed some of the trees that were in the right-of-way. The applicant responded that IDOT removed the trees. Director of Community Development Kallien said that the actual design for the 22"d Street project is underway and if funds ever become available, they would be ready to start the expansion. Mr. Johnson said that there are major fiber optics lines within the right-of-way and there would not be any landscaping placed in the right-of-way. Chairman Davis noted that the variation standards were addressed at the last meeting and the standards for the location of the sign were also addressed in writing in the case file. Chairman Davis said that the request is to allow a ground sign on a lot that is less than 3 acres and to allow placement of the sign to encroach in to the front and rear yards. Motion by Chairman Davis, seconded by Member Bulin that the applicant addressed and satisfied the applicable standards required to recommend approval of the variation to allow a ground sign on a B-3 zoned property VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 6 November 6, 2007 30 containing less than 3 acres and to allow the ground sign to be constructed one foot (1') from the front yard lot line and five feet (5') from the side yard lot line as requested, subject to the following conditions: 1. Construction of the sign to be in accordance with the plans as submitted, including the landscaping. 2. Notwithstanding the exhibits contained in the case file, 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: 3 — Members Bulin,Nimry and Chairman Davis Nays: 2— Members Ascher and Krietsch Absent: 1 — Member Young. Motion Failed. Gail Polanek noted that under Section 13.5 of the Rules of Procedure 4 affirmative votes are required for a recommendation in favor of a variation. It was read into the record that the procedure to be followed is as follows: "The concurring vote of four(4)members shall be necessary for any decision in favor of an appellant and for any recommendation in favor of a variation, special use or zoning amendment. If the motion fails to receive four (4) votes in favor of the application, a motion denying the application shall be formally entered on the record. However, if the votes of absent but eligible members, when added to the number voting in favor of the applicant, would total four (4) or more, the matter shall be postponed to the next meeting of the Board. If the motion to approve an application fails to receive four (4) affirmative votes at the next meeting, a motion denying the application shall be formally entered on the record." Chairman Davis noted that Mr. Young is the only other member absent from this meeting and he will be provided with the material to review prior to the next meeting. There will not be another presentation required by the applicant. The next meeting is set for December 4, 2007. 5. NEW BUSINESS NEW BUSINESS There was no other new business to discuss. I 6. OTHER BUSINESS OTHER BUSINESS CONFIRMATION OF THE 2008 MEETING DATE SCHEDULE THE 20 I8 MEET of THE 2008 MEETING DATE SCHEDULE Gail Polanek advised the Zoning Board members that the Village Clerk's Office has requested confirmation of the commissions and board meeting date VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 6 November 6, 2007 3o ,c r VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: October 30, 2007 FILE NOS: 2007-028-ZO-VAR(As Amended) DESCRIPTION: Variations to Section 13-11-7A.5 of the Zoning Ordinance to: a. permit a ground sign on a commercial property that is less than three acres in size; and b. permit an encroachment into the required yards to allow the proposed sign to be located one (1) foot from the lot line along 22nd Street and five (5) feet from the east side yard. PETITIONERS: Starbucks Coffee c/o TJ Design Strategies (as authorized by the Mary Ann Monty Trust#8-1995) LOCATION: 240722 d Street—Southeast Corner of 22nd Street and Tower Drive ACREAGE: 0.77 acres EXISTING ZONING/USE: B-3, General Commercial District, presently improved with a 1900+ square foot retail facility. ZONING/USE OF SURROUNDING PROPERTY: North: Office and Retail uses in the City of Oakbrook Terrace. South: R2, Single-Family Detached Residence District, Single-family homes in the Ginger Creek Subdivision. East: B-3, General Commercial District, office buildings. West: ORA-1, Office-Research-Assembly District, office buildings. DISCUSSION: TJ Design Strategies as the .authorized representative of Starbucks Coffee Company on behalf of the Mary Ann R Monty Trust#8-1995, the owner of the property has submitted a petition seeking approval of two variations to Section 13-11-7A.5 of the Zoning Ordinance. Specifically, the applicant is seeking a variation to permit a 55.5 square foot ground sign on a commercial property that is less than three acres in size. The second variation is for relief from the requirement that the sign be not closer than ten feet (10') from a lot line. The applicant has requested to permit the proposed ground sign to be located one (1) foot from the lot line along 22° Street and five (5) feet from the east side yard. Please see the materials provided by the petitioner in the case file for a more detailed description and location of this request. r STAFF REPORT—VARIATION—GROUND SIGN STARBUCK'S -2407 22ND STREET CASE No.2007-028-VAR Staff Comments: 1. Recently, InSite Oak Brook Limited Partnership, the owner of the property located at 1603 16th Street received approval for a ground sign on property with less than three (3) acres as part of their recent proposals to redevelop the property with a Fifth Third Bank. 2. Even though the proposed sign is proposed to be located one (1) foot south of the 22"d Street property line, the sign would still be approximately 77 feet from the south edge of pavement for the proposed six-lane cross-section of 22"d Street (see attached map). As such, I am not concerned with the proposed sign location. 3. The existing 22"d Street right of way in front of the Starbucks site appears to be larger than the right of way that fronts the properties that are to the east and west. 4. Please see comments raised by Village Engineer Durfey in his memorandum dated October 15, 2007. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on the request for variations. Please include in your consideration, specific findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Zoning Board of Appeals were of the opinion that the applicant has satisfied the requirements for approval of the requested variations, a recommendation would be in order to approve these requests as presented. Specific conditions, which might be appropriate for inclusion in a recommendation, include: 1. The development shall be in substantial conformance with the plans as submitted. 2. Add the condition "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." Respectfully Submitted, Robert . Kallien Jr ICP Director o ommunity Development 2 F4 NI ^ 0 4, � .iz�yY�, t J� "sti'§ � 'r ks: n �3m��, wane:�ww �sx•�... .,. ,n� ve•p c e ar � h 5 � ' i a'*�ce��'`�22\- r r; � ,;:� �f � ;�r �., �< Via' r �� '" ` ��i+. ►"'�+r.r." 3 s t ..m � :•i: 6�V,ms'' �j Y 2, S: e,s�'o a� �;a� .�.}rw °�� :. < s, s ads cc k _ o 83tAoi 4 ( S r?K`� Y£s {!�� f � �4'a:. �<i�.', .�a '.x. ✓' r se!!., a'�e v.1,-„�,. x �r � r d a cc r.,. ,,.� s"� .•.2 rno� fie-., g r -y Fv.�� \�'.. m r .73' z oa�1-. rar,�.,... .,,. '�+.^ ,,r � l;� � b,.,'.. ;r4 �� f GYM^ ��''; .✓ t"y,;. F sk.< t AACk C co i ��° skr ° n r� �> � < '3• +'4 -'x"t �* �"° v ,�,ac�;, �.+o-a;F F a F� m.. a R.. h� \ mu z 4 �Y H��.. � N '�� y � •�� A �l Xa�� '^rP Y'�d.c �� rt,c`".)'"•'TCd L ��. �CNUN I .� VILLAGE OF OAK BROOK i Interoffice Memorandum i DATE: October 15, 2007 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E., Village Engineer SUBJECT: Starbucks—2407 22nd Street—Ground Sign Variation to Front and Side Lot Lines As per your request of October 15, 2007, and the P & Z policy, Phil and I have reviewed the file you forwarded. As we understand it, the applicant is seeking approval of a variation in order to place a sign within one (1') foot of the front lot line and five (5') feet from a side lot line. Upon visiting the site, there do not appear to be any site distance issues. Therefore, since the request involves only the installation of a sign, it does not appear that any engineering issues arise. starbucks sign rk Am 1 �7 VILLAGE OF OAK BROOK Interoffice Memorandum DATE: October 15, 2007 TO: Dale Durfey,Village Engineer e�o� FROM: Robert L. Kallien, Jr.,Director of Community Development SUBJECT: Starbucks—2407 22nd Street—Ground Sign Variation to Front and Side Lot Lines The applicant is seeking approval of a Variation to install a ground sign that will encroach into the front and side yard lot lines. Attached for your review is a copy of the Petition application and all relevant supporting documents. This matter is set for public hearing before the Zoning Board of Appeals on November 6, 2007. Please provide your written comments by October 24, 2007. In your comments,please address the following: • Is there flood plain on the subject property that would impact the request? • If so, would the scope of this application require any relief to the Village Stormwater Regulations? • Would the setback request have any impact on IDOT's planned future 22nd Street road widening project? • Are there any Engineering Department issues that would require any conditions if approved? • If approved,will an Engineering Review be required at time of application for building permit? 1 Memo-DD—Starbucks 2407 22nd-var.doc �`Q Public Notice CERTIFICATE OF PUB CATION NOTICE IS HEREBY Paddock Publications, Inc. GIVEN that a Public he.,. In.,before file Zoning Board of Appeals of the Village of Oak Brook, DuPage and Daily Herald Cook Counties, Illinois,will be held on November 6,2007, at 7:30 p.m, in the Samuel E.Dean Board Room of the Butler Government Center, Village of Oak Brook, 1200 BBrook,Bl1 ois 0523'forothe Corporation organized and existing under and by virtue of the laws of the State of purpose.of considering the Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. application of SiarbUcks Coffee Uo TJ Design Strate- gies,2311 22nd Street,Salte That said DAILY HERALD is a secular newspaper and has been circulated daily in 208,Oak Brook,Illinois for e variation as provided far of he uO�dina ce of ti elVillage of the Village(s) of Aurora, Bensenville, Bloomingdale Carol Stream Glendale Hts Oak Brook, Illinois, Drdi- Itasca, Keenyville, Lisle, Lombard, Medinah Oak Brook OakBrook Terrace nonce G-60 os amended. The petitioner Is seeking a variavariation to Section Ordi Roselle, Villa Park, Warrenville, West Chicago Wheaton Winfield Wood Dale tion the Zoning Ordi- nance to Provide relief In or- der to construct o ground sign for the Starbucks facil- Addison, Glen Ellyn, Naperville. ity located at 2407 22nd,; Street Thot w00d be closer., to il lot lines than the 10` foot minimum requirement: Count leS of DuPa e The property may b2:9et5- y(• ) 22nd described US' 2140) 22nd Street,Oak Brook,iih. oats, 60523 (Southeast(cor- And State of Illinois, continuously for more than one year prior to the date of the first ner of 22nd Street and Tbwer Drive), with the legs) de- publication of the notice hereinafter referred to and is of general circulation scription as follows: Lot 3 in Butler Company throughout said Village(s), County(ies) and State. M-1, Inc. Asses ent pie, No. 6 of part oche North West 1/+ of Section 27 and port of the North East%of Section 28, Township 39 _ I further certify that the DAILY HERALD is a newspaper defined in"an Act to ,North,Range I1.East of the Third Principal Meridian, according to the Plat revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, thereof recorded July 20, 1964, as Document R64- , 25649,in DuPage,County,02 1 11- Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip Ilnois 6r,.:06-20-202-007 Al l persons desiring to be heard wilt be afforded an op- 15 a true Copy, was published October 16, 2007 in said DAILY HERALD. portunity to do so and may submit their statements orally or in writing or both. The hearing may be re- cessed otoo otheadateIf o- IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS thereof is publicly on- given nounced at the hearing ar is Inc., has caused this certificate to be signed by, this authorized agent, at Arlington given by newspaper e(5 cation not less ikon five f5) dovs,prior to the date of the Heights, Illinois. recessed hearing. In accord with the provi- sions cif the American with Disabilities Act, any indi- vidual who is in need of a PADDOCK PUBLICATIONS, INC. reasonable accommodation in prder to Participate in or benefit from attendance of DAILY HERALD NEWSPAPERS this Public meeting should contact the Village's ADA Coordinator, at 630-368-5022 as soon-as possible applica- tion �� the meeting dote. The on fil ionth s aPPlage Lion is on file with the Village Clerk and with the Director BIT of Community Develop- ment. Persons wishing t0 examine the petition docu- ments may arrange to do so with the Director of Com- munity Development, Rob. ert Kollien, Village of Oak Brook, 1200 oak Brook Control # 3995300 Road,Oak Brook, IL Brook telephone 630-368-5103. Charlotte Pruss Village Clerk Published at the direction of the Corporate Authorities , and the Zoning Board of Ap. peals Brook,of tile DuPageaa and Cook Counties,Illinois. Published In Doily Herald October 16,2007(3995300)S i F 0 • VE 0 A r P d � 90 o � _ A O - y G O A r 9CF00UN1 4 •\��\ Village of Oak Brook October 12, 2007 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Dear Resident: Administration 630.368.5000 The Oak Brook Zoning Board of Appeals and the Village Board will be FAX 630.368.5045 considering a Variation at the meetings scheduled on the back of this notice. Community pp as been The application h b filed b Starbucks Coffee Development y' 630.368.5101 c/o TJ Design Strategies FAX 630.368.5128 2311 22nd Street, Suite 208 Oak Brook, Illinois 60523 Engineering Department 630.368.5130 The property in question is located at: 2407 22nd Street FAX 630.368.5128 Fire Department Relationship of applicant to property: Applicant 630.368.5200 FAX 630.368.5250 Owner of the Property: Mary Ann R. Monty Trust#8-1995 Police Department 630.368.8700 Also shown on the reverse side of this notice is a map* of the area to assist you.in FAX 630.368.8739 determining your relationship to the property in question. Public Works Department The applicant is seeking a variation to Section 13-11-7A.5 of the Zoning 630.368.5270 Ordinance in order to construct a ground sign at the Starbucks Coffee facility FAX 630.368.5295 located at 2407 22nd Street that would be closer to the lot lines than the 10-foot minimum requirement. Oak Brook Public Library If you desire more detailed information, please contact the Community 600 Oak Brook Road Development Department at 630-368-5103 to review the file on this application. Oak Brook,IL 60523-2200 630.368.7700 Sincerely, FAX 630.368.7704 i Oak Brook Sports Core Bath&Tennis Club Robert L. allie ., AICP 700 Oak Brook Road Director of Community Development Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 RLK/gp Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center, Village of Oak Brook, located at 1200 Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois. Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday,November 6,2007 Board of Trustees Meeting . . . . . . . . . . . . . . . . .7:30 p.m.,Tuesday,November 27,2007** **Tentative—Follows the completion of the Zoning Board of Appeals public hearing • i :1 Z" : 22ND STREET and � I�uiii»lli�i �- gv x U:s i� 2 ,nor :Iff GG 2aos w ssors Ar ��OQV 4 41 2607 # OAK 8R K PI AGE 1 1 sBAS I I221 �A1ww�r�_�, --- �C�M4` •' N.1. C 1707 i 6 4 2-6is WILL N 2 ...a 6 4 q ••'Y "pe � Ni 43 2go5 s 1O b 1 h 17 Is 11 y a 3 1 II 25e1 9 10 7 ti•1 N 7 • " . 7 raM 0 Z IS S o s3 S z 4 K j 10 IE 1 10 II 0 $ 11 > ss Q 4 9 s 7 a 94 rt 1° n is 0 I 1 3 I i $ 6 4 ' 3 Ill R9 s8 21 '4 92 1 3s ? + ; 4 ` 7 27 ?S 1 � LJJ 39 �w 71 19 9 S G "Note: The map provided is only an a ximation of the area in question and is intend e be used only as a visual aid to determine your relationship to the prope� ib Siarbucks-2407 22nd-Sign-IotlineVAR-2007-Res.ltr.doc o+F oyr • PON VILLAGE OF AK BROOK 0 0 1.200 OAK,BROOK ROAD OAK BROOK, IL :60523 �ooK 63"90-3045 PETITION APPLICATION for AMENDED PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) X❑ VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) a -Enter Number of Street Frontages/Per Parcel APPLICMT TO COMPLETE NOTIL: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMM17Y DEVELOFI LENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK LOCATION OF I J SUBJECT PROPERTY 2407 W 22nd Street, Oak Brook PERMANENT PARCEL NO". 06 - 28 -202 -007 LOT NO. SUBDIVISION LEGAL ADDRESS"2407 W 22nd Street, Oak Brook ZONING DISTRICT B3 ZONING ORDINANCE SECTION 13-11-7 Article A (5) ACTION REQUESTED Approval for a ground sign for a lot less than 3 acres and relief on sign encroachment of lot line setback (placement 1' from front an 5'from side) PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT X OWNER(S)OF RECORD The Mary Ann R Monty Trust#8-1995 PHONE 630-852-8696 ADDRESS 663 Avenue East Chateau CITY Oak Brook STATE IL ZIP 60523 BENEFICIARY(IES)OF TRUST Mary Ann R Monty PHONE 630-852-8696 ADDRESS 663 Avenue East Chateau CITY Oak Brook STATE I L ZIP 60523 NAME OF APPLICANT(and Billing Information)Starbucks Coffee c/o TJ Design Strategies PHONE 630-368-0840 ADDRESS 2311 W 22nd Street, Suite 208 CITY Oak Brook STATE IL Zip 60523 Contact Name and E-mail Address(s) Theodore R Johnson, AICR ASLA tiohnsondtidesignitd.com I(we)certify that all of I he above statemerttr and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the of aye subject property as bed in the V e n to the above fees,applicant agrees to r ' V a f blic within costs w 30 days of billing. 4ZL %-I W I- I--NLV VW x 10 Signature of Owner 11 Date Signatu WofAp l icant Date 00 NOT WRI M IN THIR[!PACE—FOR OFFICE usE Date Filed /0 — y rd�� Fee Paid Receipt No. 'W_-7 Received By -� �- Board of Trustees(Referral) Alk Notice Published 0- -r' Newspaper Daily Herald Adj.Property Owners Notified.�i PUBLIC HEARING DATES: Plan Commission IVI,4 Zoning Board of Appeals Board of Trus es �� -7--v 7 Board of Trustees 1,2 7 (Approval of Ordinance) SIGNED-VILLAGE CLERK Date LA ` Q PUBLIC HEARING INFO Padot-5/2006�� • PROJECT NARRATIVE • FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET The Applicant, Starbucks Coffee Company, has developed the property located at 2407 W. 22nd Street with a free-standing Starbucks Coffee facility with drive-thru and outdoor patio seating. The site is at the southeast corner of 22nd Street and Tower Drive, directly north of the municipal water tower. The parcel is 120 feet wide and approximately 280 feet deep containing approximately 33,600 square feet (0.77 acre). The subject property is presently zoned B-3 General Business. Due to the building setback and larger adjoining properties, the development is significantly blocked from the sight line of traffic. Since the location is a drive-by destination, without the benefit of a ground sign for traffic on 22"d Street, safe approach conditions could potentially be jeopardized. The ground sign would allow drivers from either direction adequate time to approach the establishment in a non-hazardous manner for themselves, as well as other drivers. The ground sign is approximately 55.5 square feet (including base), which is significantly less than allowed for a property with more than 3 acres in the B-1 , B-3 and B-4 Commercial Districts. The maximum size of any sign for a single business within these commercial districts is 240 square feet. The base of the sign will be constructed with identical brick as on the building and screened with plant materials that are consistent with the property. In addition, the sign location will require relief from the required setbacks due to both the limitations of the site setbacks as well as the sightline. Due to the mature plantings of the property neighbor to the east of Starbucks, any sign placed according to standards would be blocked from view, thus defeating the purpose of the sign. The proposed setbacks would be 1' from front property line (22nd Street) and 5' from side property line. In addition, the sign as proposed is 99' from the existing curb of 22nd Street and will be 79' from the proposed curb of 22nd Street based on preliminary IDOT improvement plans. v9CA. • VARIATION REQUEST • SIGN LOCATION FROM PROPERTY LINE FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET Relief from Section 13-11-7(A)(5)(a) which requires signs to be not closer than 10' from a lot line. The Starbucks property located at the southeast corner of 22nd Street and Tower Road contains approximately 33,600 SF (0.77 ac). Starbucks is proposing a 55.5 square foot (including base) ground sign in the far northeast corner of the site. The monument sign (including base) is 7'-9" high and 10'-8" wide. The proposed sign setback is 1'-0" from the front property line (22"d Street) and 5'-0" from the east property line (interior side yard). VARIATION STANDARDS RESPONSES (1)(a) 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. As initially approved by the Village, the nearest Starbucks identification sign is located on the north fagade of the building. The building sign is parallel to 22nd Street and is setback from the road right of way 69 feet. Due to the substantial reduced building setback of the adjoining western property and the mature landscaping on the eastern property, the existing building sign is not visible for patrons traveling on 22nd Street until they are at the property. Also due to the mature landscaping of the adjoining eastern property, the required sign placement of 10' from lot lines would not be visible from the roadway. • VARIATION REQUEST • SIGN LOCATION FROM PROPERTY LINE FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET (1 )(b) The plight of the owner is due to unique circumstances. The unique circumstances which exist on the subject property include the limited lot size (33,600 SF), lot width (120') and the 69 foot building setback from the roadway, thus blocking customer's view due to the adjacent larger buildings and mature landscaping located closer to roadway. A ground sign located at the required 10' setback would be virtually unseen due to the existing landscaping on the adjoining eastern property. (1 )(c) The variation, if granted, will not alter the essential character of the locality. If granted, it would be consistent with similar adjacent properties and not alter the character nor have an adverse impact on surrounding properties. When the 22"d Street improvements are constructed per the IDOT plans, there will be sufficient distance between the proposed sign and the proposed curb line (79'). (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 regulations were to be carried out. The subject property is a corner lot located in the southeast corner of 22"d Street and Tower Drive. Due to its limited size, and the required front yard setback places a restriction on the property which negatively impacts its sight line, along with the speed the vehicles are traveling on 22nd Street. • VARIATION REQUEST • SIGN LOCATION FROM PROPERTY LINE FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET (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. There are no other 33,600 SF corner lots in the B-3 General Business District within the Village. Due to the vehicular circulation drives and the limited lot width there are few locations a ground sign can be placed on the property. The proposed location of the ground sign is based on conditions which exist on this particular property. (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. The proposed variation has been designed as to not have an adverse impact on other properties or improvements in the adjacent area and in fact will allow consumers more time to approach the property at a higher level of safety. (2)(d) T he 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. The various elements of the proposed plan have been designed as to not have an adverse impact nor impair property values within the neighborhood. The proposed ground sign is consistent with similar signs on neighboring properties. (2)(e) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. • VARIATION REQUEST • SIGN LOCATION FROM PROPERTY LINE FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET The purpose of the variation is to allow consumers ample time to locate the building at the level of speed allowed on 22nd Street in order to approach the destination in a safer manner. (2)(f) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The difficulty is based on the physical characteristics of the small corner lot and larger adjoining properties with mature landscaping and was not created by any person. i 10 Certification 0 Surrounding Property Owners I (we)certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250 foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The Qroperfir owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my(our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s)on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. Theodore R Johnson, AICP, ASLA as Mary Ann R Monty as Trustee of authorized representative for Starbucks The Mary Ann R Monty Trust#8-1995 Coffee Company Printed Name of ner rin ted N e p licant Signature of Owner Date IP nature of plic nt Date BILL TO INFORMATION: Starbucks Coffee Company c/o TJ Design Strategies LTD Theodore R Johnson, AICP, ASLA 630-368-0840 Print Name/Company Contact Person Contact Phone 2311 W 22nd Street, Suite 208 Oak Brook, IL 60523 Address To be Billed Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys, and public ways have been excluded in computing the 250 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this awlication. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. PROPERTY NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OWNER NUMBER aaaa 4 Berseem Court 7eT§ff l'rb o Islam Eldewek Oak Brook IL 60523 Oak Brook IL 60523 06-28-207-001 Thomas& Karen Greasel 6 Arden Court Arden Court Oak Brook IL 60523 ak Brook IL 60523 06-28-207-003 Donald C Trauscht Arden Court 4 Arden Court 06-27-101-001 Oak Brook, IL 60523 Oak Brook IL 60523 Realty Assoc. Fund VII LP 1 OakbrookTerrace #600, 311 W 22nd Street c/ NAI iffman Oakbrook Terr, IL 60181 ak Brook IL 60523 06-27-100-017 Nicor Gas Real Estate; P.O. Box 190 No Address Aurora I L 60507 06-27-100-006 Village of Oak Brook 1200 Oak Brook Road No Address Oak Brook IL 60521 Water Tower location 06-28-202-009 Chicago Title Land Trust 181 W Madison St No 17 FI 2425 22nd Street Trust 11357310 Chicago. IL 60602 - Oak Brook, IL 60523 06-28-202-021 R & B Properties 170 Metropolitan Centre, 333 S. 2 22nd Street 7th St. Minneapolis. Oak Brook IL 60523 06-28-202-004 Nicor Gas Real Estate; P.O. Box 190 No Address Aurora. IL 60507 Right-of-way 06-28-202-011 Harris TR HTH 2498 18 Royal Vale Drive 18W066 22nd St c/o Safaa Einaggar Oak Brook IL 60523 Oakbrook Terrace IL 605 06-21-403-010 JoAnne Pobre Brown Road 4 22nd t St Charles IL 60175 akbrook Terrace IL 6052 06-21-403-019 West Suburban Bank Comptroller Dept., 2800 S Finley 7 4 2nd St Road Downers Grove IL 60515 akbrook Terrace IL 6052 06-21-403-020 KRCV Corp 3333 New Hyde Park Rd, 7W740 22nd St c/o KIMCO Real New H de Park NY 11042 akbrook Terrace IL 6052 06-21-403-023 KIMCO 837 O/P Inc 3333 New Hyde Park Rd, 7W744 22nd St c/o KIMCO Real New Hyde Park NY 11042 akbrook Terrace IL 6052 06-21-403-024 KIMCO 837 O/P Inc 3333 New Hyde ParK KC11, 17W744 0 22nd St /o KIMCO Real New Hyde Park NY 11042 06-22-301-059 KRCV Corp 3333 New Hyde Park Rd, 17W714-738 22nd St c/o KIMCO Realty New Hyde Park NY 11042 Oakbrook Terrace IL 6052 06-22-301-058 (Attach additional sheets if necessary) PUBUC HEARING INFO Packet-5/2006 Starbucks -,_--_�fY�---_----.-�.�-_- -_, PROPOSED SIGN --------------- • --- OVERALL SIGN SIZE: �____� 7'-9" High T SUBURBAN ; SHELLS 10'-8' Wide BANK , ; ; , RESTAURANT , 55.5 sq. ft. total �, -': SIGN SETBACK: 54 ,� — ---- 1 Front (22nd St) - - - cn A-0 + 5' Side (Property line) 9' r - �► 30'R BUS STOP PAD 301R 55' o 0 0 0 0 0 \55' R 12'' + �5' R o 0 0 0 0 0 0 - ----� ' ------ --- ►► mob---- - 12 -- \ 0 0 0 14 0 i ' 30'R 301R ,R ti U) o n • CL o a) 32' ' D 4' �- Q ----- Hedge - 5'-6' ht. cl?+ i g Hedge 4'-6" - 5' ht. UJ+ I LEGEND I , ' Shade Tree 40' ht. Shrub Mass Thigh 2 Evergreen Trees 18 ht. ' ' �� 4 Evergreen Trees 24' h . T N �Y d �v rn 00 X Z cn -� �o Z OD m rn X cn rn� W Z , '' • + rn w }, Ion t M e � yr, '�►-.u, ..t, '�': _.. limb a . r �J I VtB� oil low- IFFs ! 1 �� - Its- • _48 THRU r w to , O N PROPO D SETBACK 1 ' FROM FRONT PROPERTY LINE s} .A , sit SIGNAGE SETBACK 10' FROM FRONT PROPERTY LINE (HEADING EAST) e + 1R II SIGNAGE SETBACK 1 ' FROM FRONT PROPERTY LINE (HEADING EAST) 4 r ' 4 e + w Sign WTI- SIGNAGE SETBACK 10 F RONT P ERTY LINE (HEADING WEST) k � r rn G� to rn 00 O JA r mn z cn .�..� -I ftft' .t 1 .. I 8' Wide 8' 6" High '----� 17'-9" High 60 sq ft total 14' Wide SHELLS 10`-8' Wide ' ' 1 ; RESTAURANT ' ---- Z MIwIL RETAIL 119 sq. ft. total 55.5 sq. ft. total SIGN SETBACK. ANT MAI 1 1 ----------------------------,= SIGN SETBACK: 6' setback (22nd) ►------ SIGN SETBACK: 1 ———_ 95' setback 9, (interior) 8' Front (22nd St) - —— ————� -� 1' Front (22nd St) - *, 11' Side ( Tower) 5' Side (Property line) j BUS STOP PAD � �► 30'R 30'R J 30'R 30'R J 30'R 30'R _ _ 55' R-, o 0 0 0 0 0 _ 2g51 TAPER _ `�55' R " —— 300' TAPER - 55' R` ——— ° o o ° o PJOPOSED t 22nd. STREET o 45' R o 0 0 1 o a 14 0 o � .a L f�450-) V31111 X30' 30'R a� 30'R -v co u!)CL BUS STOP PAD �° r ti � ti y • CURVE NO y • Q PI STA. 213+20,01 -�-� �"` -- x ° • O = 26° 56' 00" (RT) 3 32�D = 1° 30, X00., + � - T = 914.70 ' ' _-- __ ------© �' - Hed e - 5'-6' ht. : R = 3819.79 f , �---------- � I � � � � rHedge� 9 + L = 1795.59'- , i ; i i � B ell E = 107.99' w _i - - g 4'-6" - 5' ht. PC STA. 204+05.31 PT STA. 222+00.90 o _ _ p LEGEND -- -------••-------------------------� I ( 1 1 f `_ ' `.-- - Q Shade Tree 40' ht. F ; ; OAK BROOK MEDICAL 4-- ; �'�'� ,�- � REESTAND/NG SIGN L�J�ATIOEN , ,��1� fD/'7r�i ��..��r ____ . f 1 1 ��.� �, �:-L. R • OAKBROOK MEDICAL& SURGICAL CENTRE The existing freestanding sign is 8'-6" in height and 14' wide for an overall sign size of 119 square feet. The sign is currently setback approximately 8 feet from the front property line (22nd Street) and setback approximately 11 foot from the corner side (Tower Road). Currently the sign is located approximately 96 feet from the curb line of 22nd Street. Based on preliminary IDOT plans for 22nd roadway improvements,the sign will be approximately 76' from the new curb line after improvements. /a. R V Oakbrook Medical & Surgical Centre ------ 11 OVERALL SIGN SIZE: 8' 6" High r SUBURB N ; ; SHELLS 14' Wide BANK RESTAURANT 119 sq. ft. total `------ ------------------- SIGN SETBACK: Ln 54' �'————— — 8' Front (22nd St) Q + _ -- --—— 11' Side ( Tower) 9' 7T _ 30'R BUS STOP PAD � �► 30"R a - - - - - - - - - - - - - - �` o o o 55, o 0 0 0 0 0 . � 055' R Cs 'Is �S LSD 55' R% 1 45' R o 0 0 o a o 0 ----� -- ------------- 12-----� 1� 14' =30' 30'R 30'R CM o I ti o I 02% I W� C) r'g'-'°-,- - 1 ----,I LEGEND ,r.r � I PROPOSED RIGHT-OF- I + t � • TEMPORARY EASEMEN -:� .y ` � Jet ' �'� •.�%� . .�. •Ny��`N''�..ya' ��Irf (jl, ti. �v1'• �,, �•,J .• o. �,.,wy�-F ••� lZ It • �"• ' '' � �' " �•� .... r • ` �} •, + � '� ••fir • 46 i {ga.f'��,��,,a s "ice! .tii"•' , All S s, I) ��>•�'> 99{i ,3,t.•4AY S' ',�.< .p,: ��;-{• ,i^' y', a" { .�`s+� yr' !`i�'fi•.� e1lr�. T' 7....i{'\ y {7Pil` .�#'``j .,, F aR�tip.' '' tvy "a- .� 4y;��s•r"•r"�A�� ...r .�, �s,:.V, �,rt►, .,.{�� .#. ! _ I�,.� .�,• ; { t' � � '• �. ,, ... .� :z�,.�e . ,.j �+; a •,:�>. +, «.c. ..+L7"; ..^=�r�,�,ry#T,� ,�1yj a>�d"� I � •}4',? .a �1'I , y 1 VIEW FROM 22-ND: STREET `rr►r� 11 • i1. ~ '` � �"�' • •��' r ` T�P'`� �• 1 / 1, ''\ I r•41 ' ;r4rY ,y ' 'r- 'Yl ��r• 'V� •� r•- f �..• ilk li I "�kf"It 1, V, q j , i.�'�, •'� /�1': 'y �`�r/Ir`-,��, r ►�� f y �1 . . 01 .(J,I r ��It �� X111 ' �( ' `�l ' •ti � � JI'. �' / f/f�rkr�►`"• f,1\ `;.e� �• wk I ! 1 ,1,1�, ••(�µ K��„� •.1��,1 f I Iv' ••V',.�:Vf.� !�t �# I 7i�;,, •�� 7, f'� � v. • � 'i'11I Y!3*'T'� 'f "�.�•� rte. M. � �.ce , � , .t�l�,j� ,,,' �ILII r i •j `f'/,. -�<.�♦ Fit' �� ,' ' t � n•• .1 � t r � i p� $• 1 Oak Brook Medical & J ` Surgical Centre ' ' f�f ~ 2425 ,1 Ala+ � .* ,r ' ,^� � �� ,'� � �•'�,. . F✓• r� S � ,y. r f ' .. '. rte. j+y.. � -f,,�' --� yy• i P ,�%f .,i w+R'•."3 x �,M�' _ J 7 IT r. �. - Y d • __VI_EW FROM TOWER ROA _.. a.� - i(, ! 1Yj 1 � 1 ,a 1 � .� \ 1� �.�°' tl �'„ + �.•'�frl�- � � I .. 1-. ', rl r'. , ♦ .. _y' '1�, Vl i t , j �y - '� L� �'\` � }\ r ., }:.. .•rYt 1. � i1�.1' -�1 ' '•✓; t,r �f(,�!y.Q, t 1+ ,1 I, - 1. n1\. /�� Wes. I'ir.'ly Ml w"! �'r t .1 1 �t' '„)f,t,�' a i^;t •p l`.`l��t �` r �� r/ '�"�`' .I /�” � 1 +�`pp 1�1�� i �� ', - �' '�'.° ,�•!''.' it tl:� ;+.. �� 1 >. n111 r ♦ r* ` ' ' #eYV Rl �t l� ,t 1, A1, Y • �!, �1. :1 Iti+ 1,1, f+ �., r�: ^ � V�41 �,�' ('�� tP \ff'A' it J4 � Ott Oak Brook Medical & 1 Surgical Centre ¢7 2425 \ }i' to Aw .tow f :� /v •, nKl!9` I'+' r+ . ��.`3♦ o'.V,�-;l• �'�•% "v, ,�.7f�.�. , N ...rely. , '",' 1, "'' r. ��• .t, , . , , s _ art. .. �: rl +. , -; , �'• r .1 a, t y 1 \ VIEW FROM STARBUCK'S DRIVE-THRU EXIT ", ♦ ' t w • • ROOM&BOARD The existing freestanding sign is 7'-6" in height and 8' wide for an overall sign size of 60 square feet. The sign is currently setback approximately 6 feet from the front property line (22nd Street) and setback approximately 95 feet from the interior lot line. Currently the sign is located approximately 75 feet from the curb line of 22nd Street. Based on preliminary MOT plans for 22nd roadway improvements, the sign will be approximately 60' from the new curb line after improvements. 9 1� � 1 • 1 I • Room & Board OVERALL SIGN SIZE: 7'6" High 8' Wide --1 60 sq ft total ------'' ; ; THE PEPPER MIL4 RETAIL ASTAURANT; MAl SIGN SETBACK: ------ 6' setback (22nd) ►I 95' setback (interior) 9' rr T 30'R 30'R 30'R I 30'R L I ® � � c 245' TAPER gip_ T0R'A0E— _ --_ o o o PcROPOSED t 22rid. STREE CD . 30'R cc CD �` -, � 30'R 0 •X -BUS STOP PAD—J CURVE NO ` � - PI STA. - 213+20.01 -� -� � A = 260 56' 00" (RT) t 34' L D = 1° 30' 00" + T = 914.70' , R = 381939' ' + ------------------ t L = 1795.59'- E = 107.99' PC STA. 204+05.31 PT STA. 222+00.90 •--------- I + i 1 1 ► i OAK BROOK MEDICAL AND SURGICAL CENTRE (2425) I I I + 1 1 1 1 f + I I ..... - ------ .. .. ....-... . _.. � SI'•�''.i..7"' .�r uhf. �. _ J VIEW f ROM 22ND STREET •'� - t�y i� 1 •T i .4 � �� `•, �4i��' � �k � �,.ws''a 4. � J'�� ys . � •• 'its » .• .:, °r •�• '� �. � ,�M � �.;w " �� tl , er,#-1 5". lk _ , •.1. � _ rl, rr .. a .R•' ��`'�% ,,ms s: H O M E F U R N I S H I N G S 169 At ow VV Al r • .t �� •�''t ji� ' .\ �/ •,.�\. / I,I..,.,�\�'' ,mil � ��..v�\ �\2\ `�Y ,, ��+ T LINE { � Y MINUTES OF THE OCTOBER 2, 2007 REGULAR DRAFTMEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON_ , 2007 1. 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 7:33 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Glenn Krietsch and Steven Young ABSENT: Members Richard Ascher and Baker Nimry IN ATTENDANCE: Robert Sanford, Trustee; Robert Kallien, Jr., Director of Community Development and Dale Durfey, Jr., Village Engineer 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF SEPTEMBER 4 2007 Motion by Member Krietsch, seconded by Member Bulin to approve the minutes of the September 4, 2007 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS A. STARBUCK'S COFFEE c/o TJ DESIGN STRATEGIES — 2407 22°a STARBUCK'S COFFEE do TJ STREET — VARIATION TO SECTION 13-11-7A-5 OF THE SIGN DESIGN STRATEGIES V 2407 VARIATION STREET- REGULATIONS VARIATION-SIGN REGULATIONS Chairman Davis swore in all parties that would testify. He stated for the record that he had worked with Mr. Johnson in the past when he was used as an expert in a case that was resolved in 2003. He further stated that it would not affect his VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 10 October 2, 2007 i O ability o render a fair and impartial vote in the matter. There were no ty p objections from the members or the audience. Ted Johnson, President, TJ Design Strategies reviewed the variation request for a ground sign. Section 13-11-7A-5 allows one ground sign on retail developments on lots containing more than 3 acres. The subject property is on the southeast corner of 22nd Street and Tower Drive. Starbucks demolished the previous building and constructed a new drive up facility, which opened in August. The site is just under one acre. They requested approval to construct an approximate 55 square foot freestanding ground sign. The sign would be located on the far northeast portion of the site, approximately one foot south of the property line adjacent to 22nd Street and 5 feet west of the internal property line between Starbucks and the eastern office building. The sign has an overall height of 7'9" and a width of 10'6". The sign itself is approximately 25 square feet on a 30 square foot brick base. The base would be behind the landscaping proposed. It is a double-faced sign that would face the east and west. Mr. Johnson reviewed the Variation standards for the record as follows: 1. a. 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: As initially approved by the Village, the nearest Starbucks identification sign is located on the north facade of the building. The building sign is parallel to 22nd Street and is setback from the road right of way 69 feet. Due to the substantially reduced building setback of the adjoining western property and the mature landscaping on the eastern property, the existing building sign is not visible for patrons traveling on 22nd Street until they are at the property. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The unique circumstances that exist on the subject property include the limited lot size (33,600 square feet), a 120-foot lot width, and a 69- foot setback from the roadway, thus blocking the customer's view due to the adjacent larger buildings and mature landscaping which are located closer to the roadway. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: If granted, it would be consistent with similar adjacent properties and not alter the character nor have an adverse impact on surrounding properties. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 10 October 2, 2007 • 0 There are similar freestanding signs on the properties located to the east and west of the subject property. Due to the property being less than 3 acres, the current ordinance does not allow the ground sign on this site. 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: The subject property is a corner lot located on the southeast corner of 22"d Street and Tower Drive. Due to its limited size and the required front yard setback places a restriction on the property, which negatively impacts its sight line, along with the speed the vehicles are traveling on 22"d Street. 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: There are no other 33,600 square foot corner lots in the B-3 General Business District within the Village. 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: The proposed variation was designed as to not have an adverse impact on other property or improvements in the adjacent area and in fact will allow consumers more time to approach the property at a higher level of safety. The will see the sign at a greater distance and know that there is a Starbucks located there before they are right in front of it. 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 various elements of the proposed plan have been designed as to not have an adverse impact nor impair property values within 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 purpose of the variation is to allow consumers ample time to locate the building at the level of speed allowed on 22"d Street in order to approach the destination in a safer manner. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 10 October 2, 2007 �D 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The difficulty is based on the physical characteristics of the small corner lot and not created by any person. Member Young said that he tried to drive by the building and believes that signage would actually improve being able to locate the building. He also tried it during rush hour and from a safety standpoint, it would increase a bit. Chairman Davis questioned the location of the signs that were west of the property. He also questioned the size and whether the sign would be illuminated and the hours of illumination. Mr. Johnson responded that the signs were for the Room and Board and the Surgical Center. There is also a sign for the office building located to the east, which is parallel to 22nd Street. The face of the sign will be approximately 25 square feet and would be illuminated. Mr. Achim responded that the sign would be illuminated during the hours of operation using a combination of timers and photocell. It would typically come on when the store opens at 5 a.m. and would go off when they close at 11 p.m. It will go off at sunrise and turn on again at sunset in the evening and would go off when they close. William Lindeman, resident 11 Pembroke Lane said that on May 16, 2007 he filed an appeal with the Village He said that the Village Code and Building Code provides for appeals initiated by a builder and it provides a means of appeals for residents. It is not exclusively to remedy a request made by a builder or developer. Shortly after filing, an email was received from Jeff Moline (Acting Village Manager) stating that he would receive a response from the proper person shortly. A week or so later, he received a letter from the Acting Village Attorney indicating that he would receive a letter. Almost five months have passed and a month ago, he personally asked Mr. Kallien if he could provide a timetable of what he might anticipate as far as the status of his appeal. He did not receive an answer from Mr. Kallien. Chairman Davis asked what specific action the appeal was based upon. Mr. Lindeman responded that it was mainly on issues of signage. He said that there were many actions. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 10 October 2, 2007 � r Member Young asked if the appeal was based upon the current application being heard by the Zoning Board of Appeals. Mr. Lindeman responded that he believes there is a need for expert input on Village signage. He does not feel that the individual members of the boards have sufficient background that allows them to function in a manner that provides for aesthetic and effective signage. He thinks that there are random actions and that the codes are not being followed. The current request for the sign is allowed on 3-acre properties and that this dinky little coffee shop does not belong there to begin with and does not deserve a sign that a 3-acre property would have. Chairman Davis noted that the sign being sought is nowhere near the size of a sign that would be located on a 3-acre property. Mr. Lindeman added that this is about ground signs. He said that it was a nice looking sign. Their building has channel-mounted letters and most villages do not allow them. They chose to use some of their signage on the rear of the building and he cannot comprehend anyone getting off the tollway because there is a Starbucks sign there. The sign is over 7 feet tall and would impact the landscape that surrounds the building. If you go down 22"d Street there is old landscape with very mature trees. Those trees were all removed from this property during construction. By locating the sign perpendicular, it will reduce the amount of landscape that would eventually be placed. He said that he had two questions, what was the status of his appeal and why hasn't he heard anything? Director of Community Development Kallien responded that when they spoke a month ago, the matter was brought to the attention of the Village Manager and Village Attorney, Mark Sterk. He was under the assumption that they had gotten in touch with him, that something had been sent, and since it had not, he would speak with them tomorrow. Mr. Lindeman said that 5 months is a long time to wait. He asked if the money was received, that everything was in order on the filing, and that it was not waiting on technicalities. Gail Polanek responded that the Village had his check and that the filing was with the Village Attorney. Director of Community Development Kallien added that it was his understanding that the attorney would be providing information directly to him. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 10 October 2, 2007 Mr. Lindeman responded that he believed he had been more than patient, with the situation with the Village Manager and Village Attorneys. However, at the last Zoning Board of Appeals meeting signage was discussed for the banks, which use shoebox signs. Many sign ordinances do not allow them, which is a cheap sign. It does not add any luster to the village. Member Young asked him if he had looked at the details of the proposed signage and asked what he proposed. Mr. Lindeman responded that it is basically the standard Starbucks sign. There are 3 on the front of the Marriott building. They cannot get enough signs. He does not know what it is with banks and Starbucks, but they cannot get enough signs. It is a very small building and is overwhelmed with signage. The problem relates to the Village needs an expert on signage and how it affects the aesthetics of the village. Chairman Davis said that at a previous meeting, Mr. Lindeman discussed the issue of signage at the DoubleTree Hotel. The signage provisions in the Ordinance does not deal with aesthetics and some of the issues raised, relate to corporate logos and trademarks. If a corporation wants to put its trademark up and has a certain color or identity, he would not be sure if it would be fair to the corporation to ask that they change it. Mr. Lindeman said that there were other issues. He brought that up when the DoubleTree asked to raise the standards for that zoning district. Commerce Plaza buildings are in that zoning district and you cannot discriminate by the type of business as far as placement of the signs. No other village would allow a sign to be placed on the corner of an elegant building, which is just Mickey Mouse. If Commerce Plaza asked to place a sign at the height of the DoubleTree and it was pursued through the courts, you would be forced to allow them to do it. Chairman Davis said that they would have to prove a unique situation. Mr. Lindeman said that it is time to get somebody that knows. Mr. Kallien does not know, the Chairman does not know or anyone else on the Zoning Board of Appeals. He said that the Village of Oak Brook is entering into the redevelopment of the commercial corridor and that it is now time to spend a little money. Forget the fireworks, forget the Autumn Fest, and get the priorities straight. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 10 October 2, 2007 40 • I r Chairman Davis responded that the Village is doing that and that the Revitalization Committee is near to the presentation of a plan. Trustee Sanford said that the plan has been submitted is being reviewed and edited and should be in its final form soon. Director of Community Development Kallien said that along with the Village Manager, they were able to see a copy and reviewed it on basic issues. The consultant had received all of the comments and it is being modified. The Revitalization Task Force will be asked to have a meeting later in the month. Chairman Davis said that the goal is to revitalize the commercial areas in Oak Brook and they are not going to be revitalized with signs that are not appropriate. Mr. Lindeman commented that the only way that would be insured is to get a sign consultant knowledgeable in the law and on aesthetics. When he goes down Roosevelt Road and sees the LED signs with changeable copy and he just goes crazy when he sees that. Thank God, this (sign) is not one of those. Chairman Davis commented that Mr. Lindeman was not objecting to the aesthetics of the sign proposed. Mr. Lindeman responded that it was okay, but could be better because it is a standard shoebox design. It could have individual letters on a neutral background, indirect lighting and be much more elegant, but it seems that the Village is not interested in elegance; not when you issue permits for channel mounted letters; like on Panera Bread and Starbucks. Chairman Davis said that Mr. Kallien would follow up on the status of the appeal and that the Revitalization project will address the issues. Mr. Lindeman said that the Revitalization does not deal with signage. Director of Community Development Kallien said that signage is going to be addressed with the Revitalization project. It may not make specific recommendations on the type of sign, but it will make some statements on policy by which Oak Brook could take future action on updating the sign code. Mr. Lindeman responded that if this was known to have been coming forward, it should have been combined with landscaping requirements and a compromise on reducing the building signage; because the building signage is not effective. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 10 October 2, 2007 O' �y . He said that he could foresee problems because of the hedges along the front and side property lines. Mr. Johnson responded that the hedges would not be removed. The plat materials referred to are on the adjoining property. They have an approved landscape plan which was part of the original proposal and have increased the landscaping around the base of the signs so there is more plant material with this plan that was is currently exists. As far as overall signage, including the ground sign proposed, they are still under the amount of signage permitted on this property, otherwise he would be seeking another variance to the amount of signage. Mr. Lindeman said that the building to the east is a very large office building and the sign is parallel to the street. The building owners have class, because there has never been a for rent sign in front of the building. It was managed by Trammell Crow and they fill the vacancies without cluttering the right of way. NAI Hiffman is doing the same thing and must be operating under the policies of the building owner. They should be commended for not taking other options to fill their vacancies, rather than posting a bigger, better and brighter sign. He noted that the intensity of illumination has not been addressed with the Starbucks request. Mr. Achim responded that it was neon on the inside of the sign. Chairman Davis noted that the Village does have code requirements regarding illumination. Mr. Lindeman responded that the Village does not know; and that they do not even have a meter to measure the intensity. They go by the photometrics. Member Young responded that he disagreed with Mr. Lindeman's statement. He noted that the Village does have a meter to use. He has one and is a trained engineer, so if the village needs one he can come out at any time. Mr. Lindeman asked Member Young whether he was aware of the two intensities on neon. Member Young said that he was well aware of that and could identify the bulbs. Member Bulin said that the plans show that the plans show 1 and 5-foot distance from the front and side property lines and that the code requires a 10 foot setback. The way the sign is located it does not meet the requirements. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 10 October 2, 2007 i > Mr. Johnson responded that the 10-foot setback was contained within the section that they were seeking relief. Director of Community Development Kallien said that the variation was not advertised in that manner since the action requested on the application was only for relief to allow the ground sign from the minimum 3-acre requirement. Member Bulin said that the relief being sought on the application was not to the 10-foot requirement. Director of Community Development Kallien said that procedurally the request would need to be noticed. It was his impression that the request was for a ground sign. Member Krietsch noted that the Village Engineer should be review the setback issue for any traffic impacts. Mr. Johnson noted that the request was from Section 13-11-7A-5, which also indicates the required setbacks. The monument sign is set back one foot from the front property line and five foot from the east property line (side yard). Chairman Davis noted that was a fair argument however, subsection 5 has numerous requirements. Director of Community Development Kallien said that in the letter of explanation the applicant mentions what they are requesting. Staff needs to review the setback issue on how it may impact other things. The roadway is going to have an improvement plan in the coming years. Something located within one foot of the property line could be a concern in relationship to where the right of way line is going to be to ensure that additional conflicts are not created down the road. The application should be amended to include the request for relief to the setback requirements. An additional notice sent so that everyone is made aware of what is being sought, which would be the ground sign as well as its location. Mr. Johnson noted that the sign could not be located any further from where it is located on the plan. Chairman Davis noted that the comments contained in the case file really only relate to the ground sign request. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 10 October 2, 2007 v ,1. Chairman Davis motioned, seconded by Member Krietsch that the matter be continued to the next Zoning Board of Appeals meeting and that the petitioner amend the application to include the variation to the setback requirements. VOICE VOTE: Motion carried 6. OTHER BUSINESS OTHER BUSINESS Nelly Naguib, resident asked to address Mr. Lindeman's comments regarding the Oak Brook Autumn Fest and the fireworks display She said,that she would like to assure him that he could sleep better tonight because the Village of Oak Brook does not pay anything toward the Autumn Fest. She has been on the committee for several years and it is fund raised by donations from the Oak Brook residents and corporations. She wanted to make it clear that the Village of Oak Brook pays nothing towards the Autumn Festival. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Young, seconded by Member Bulin to adjourn the meeting at 8:17 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 10 October 2, 2007 VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: September 25, 2007 FILE NOS: 2007-028-ZO-VAR DESCRIPTION: Variation to Section 13-11-7A.5 of the Zoning Ordinance to permit a ground sign on a commercial property that is less than three acres in size. PETITIONERS: Starbucks Coffee c/o TJ Design Strategies (as authorized by the Mary Ann Monty Trust#8-1995) LOCATION: 240722 nd Street— Southeast Corner of 22"d Street and Tower Drive ACREAGE: 0.77 acres EXISTING ZONING/USE: B-3, General Commercial District, presently improved with a 1900+ square feet retail facility. ZONING/USE OF SURROUNDING PROPERTY: North: Office and Retail uses in the City of Oakbrook Terrace. South: R2, Single-Family Detached Residence District, Single-family homes in the Ginger Creek Subdivision. East: B-3, General Commercial District, office buildings. West: ORA-1, Office-Research-Assembly District, office buildings. DISCUSSION: TJ Design Strategies as authorized representative of Starbucks Coffee Company on behalf of The Mary Ann R Monty Trust #8-1995, the owner of the property has submitted a petition seeking approval of a variation to Section 13-11-7A.5 of the Zoning Ordinance to permit a ground sign on a commercial property that is less than three acres in size. Because the property at 2407 22"d Street is less than three acres in size, it cannot have a ground sign. If approved, the applicant would construct a 55.5 square foot ground sign that would meet all other size and location requirements of Section 13-11-7.A.5 for a ground sign in the B-3 Zoning District. �V Please see the materials provided by the petitioner in the case file for a more detailed description and location of this request. �•�� STAFF REPORT-VARIATION-GROUND SIGN STARBUCK'S -2407 22 NI STREET CASE No.2007-028-VAR Staff Comments: Recently, InSite Oak Brook Limited Partnership, the owner of 1603 16th Street received approval for a ground sign on property with less than three acres as part of their recent proposals to redevelop the property with a Fifth Third Bank. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on this request for a variation. Please include in your consideration, specific findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Zoning Board of Appeals is of the opinion that the applicant has satisfied the requirements for approval of the requested variation, a recommendation would be in order to approve this request as presented. Specific conditions, which might be appropriate for inclusion in a recommendation, include: 1. The development shall be in substantial conformance with the plans as submitted. 2. Add the condition "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." Respectfully Submitted, Robert L. K Mien r., AICP Director of ommunity Development 2 � • i OF 04 Q,G B � 9 O i � O f � A O y G � A ,Z. 00UNTV Village of Oak Brook September 13, 2007 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Dear Resident: Administration The Oak Brook Zoning Board of Appeals and the Village Board will be 630.368.5000 g pp g FAX 630.368.5045 considering a Variation at the meetings scheduled on the back of this notice. Community The a pp been application has b filed b Starbucks Coffee Development y' 630.368.5101 c/o TJ Design Strategies FAX 630.368.5128 2311 22nd Street, Suite 208 Engineering Oak Brook, Illinois 60523 Department 630.368.5130 The property in question is located at: 2407 22nd Street FAX 630.368.5128 Fire Department Relationship of applicant to property: Applicant 630.368.5200 FAX 630.368.5250 Owner of the Property: Mary Ann R. Monty Trust#8-1995 Police Department 630.368.8700 Also shown on the reverse side of this notice is a map* of the area to assist you in FAX 630.368.8739 determining your relationship to the property in question. Public Works The applicant is seeking a variation to Section 13-11-7A.5 of the Zoning Department PP g g 630.368.5270 Ordinance in order to construct a ground sign at the Starbucks Coffee facility FAX 630.368.5295 located at 2407 22nd Street Oak Brook i Public Library If you desire more detailed information, please contact the Community Development Department at 630-368-5103 to review the file on this application. 600 Oak Brook Road Oak Brook,IL 60523-2200 Sincerely, 630.368.7700 FAX 630.368.7704 Oak Brook Sports Core Robert L. Kal�ity Bath&Tennis Club Director of lopment 700 Oak Brook Road Oak Brook,IL 60523-4600 ��gp 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center, Spring Village of Oak Brook, located at 1200 Oak Brook Road (31st Street) and p g Road, Oak Brook, Illinois. Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday, October 2, 2007 Board of Trustees Meeting . . . . . . . . . . . . . . . . .7:30 p.m.,Tuesday, October 23,2007** **Tentative—Follows the completion of the Zoning Board of Appeals public hearing 4u1 ^ANA Z T77 � 1 2111. 22ND STREET V0 GP' �G( Z2or �` ico3• r a 'asof tlss Soars AT PACE Q�O�v 1L06 ...r 2 41 2607 ---- 4803 I 2222 �Ry�1) n.i. A co _ 5 4 1707 c two 9 1 AL L H 2+15 WiL< 1 (a 23 Z s a I II •� I2 µ u h m 29 • Zg05 s " a� H ssos a l0 7 ~' K e n, �� a + + 07 ,�.6� ar � I sl 11 7 r�M IS IF M ■ c 13 16 J ` • ' S Z1 Y z3 0 5 2 4 a to II I 10 8 1e II 2S O 3 1 8 5 7 20 1s` ao,K t4 is 17 4 c sa ? 6 7 8 3 81 2! Z7 ZS Za 21 x,94 H A N 21 d 4 7 5 3 LL 1t � 18 s a 9 a 7 y S *Note: The map provided is only an roximation of the area in question and is intended to be used only as a visual aid to «determine your relationship to the pro • Starbucks-2407 22nd-SignVAR-2007-Res.Itr.doc 1 Public Notice • • NOTICE IS HEREBY GIVEN that a public hear- ing before the Zoning Board of Appeals of the Village of be Brook, DuPage and CERTIFICATE OF PUBLICATION Cook Counties, Illinois,will be held on October 2,1007,at 7:30 p.m, in the Samuel E. Dean Board Room of the Butler Government Center, paddock Publications Inc. Village k Oak � Brook, Oak Brook Road, Oak Brook, Illinois 60523 for the Purpose of considering the application of Starbucks Coffee c/o ro Design Strafe- Daily Herald gies,2311 22nd Street,Suite 208,Oak Brook,I II(nois for a variation as Provlded for under Title 13 of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordi- nance G-60 as amended. The petitioner is seeking a variation to Section 13-11- 7A.5 of the Zoning Ordi- nance to provide relief in or- der to toact a ground sign for the e St Starbucks round Corporation organized and existing under and by virtue of the laws of the State of Illinois ity located at 2407 22nd Street: T he property may be gen- DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. T erally described as 2407 22nd Street,Oak Brook,lilt- That said DAILY HERALD is a secular newspaper and has been circulated daily in the Hots, 60523 (Southeast car- � ner of Tower 22nd Street and Tow Drive), with the legal de- Village(s) of Addison, Bensenville, Bloomingdale, Carol Stream, Glendale Heights, Glen Elly scription as follows: � Lot 3 in Butler Company M-1, Inc. Assessment Plat No. 6 of part of the North Itasca, Keene ville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace, West 114 of Section 27 and Y Part of the North East-1 of Section 28, Township 3 North,Range 11,East of the e Roselle, Villa Park, Warrenville, West Chicago, Wheaton, Winfield, Wood Dale Third Principal Meridian, according to the Plat thereof recorded July 20, 1964, as Document R64- 25649,in DuPage,County,II. linois P.I.N:06-28-202.007 All persons desiring to be heard will be afforded an op- portunity DuPage to do so and may County(ies) of D i" g submit their statements orally or in writing or both. The hearing may re- cessed to another date e I f no- and State of Illinois, continuously for more than one year prior to the date of the first t ice of time and place thereof .5 publicly an- Haunted at the hearing or is publication of the notice hereinafter referred to and is of general circulation throughout said given by newspaper Publi- cation not less than five(5) Village(s), County(ies) and State. days prior to the date of the recessed hearing. In accord with the Provi- sions of the American with Disabilities Act, any indi- vidual who is in need of a I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise reasonable accommodation In order t0 attna to Or benefit from attendance ce at the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, p , this public meeting should Chapter 715 contact the Village's ADA Coordinator, at able before Act 5 Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was as soon as at before t � the meeting date. The petitioner's spill September 13, 2007 in said DAILY HERALD. Lion is on file with the Villaage ge published Clerk and with the Director of Community Develop- ment. Persons wishing to examine the range data- IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., menu may arrange do so with the Director of f Com- munity Development, Rob- ert Kallien, Village of Oak has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Brook, 1200 Oak Brook Road,Oak Brook, IL 60523, telephone 630-368-5103. Illinois. Charlotte Pruss Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Ap- peals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. Published in Daily Herald Sept.13,2007(3980958)S PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY Authorized Agent Control # T3980958 X 4: Y A V� VILLAGE OF OAK BROOK Interoffice Memorandum DATE: August 21, 2007 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E., Village Engine SUBJECT: Starbucks—2407 22nd Street—Sign Variation As per your request of August 16, 2007 and the P & Z Policy, Phil and I have reviewed the file you forwarded. As we understand it, the applicant is seeking approval of a variation in order that they may construct a ground sign. No other relief or application is requested. Since the request involves only the installation of a ground sign, it does not appear that any engineering issues arise. i i starbucks sign variation rk.doc 1 v G0 p F Oq,t ego O o co G O v OOUNII ` AGENDA ITEM Regular Board of Trustees Meeting of August 28, 2007 SUBJECT: Referral - Starbucks Coffee -2407 W. 22nd Street - Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a Variation to the Zoning Board of Appeals for public hearing at its October 2, 2007 meeting. Background/History: TJ Design Strategies on behalf of the Mary Ann R Monty Trust (owner) and Starbucks Coffee (tenant) of the property at 2407 W. 22nd Street, have submitted a petition seeking approval of a variation to Section 13-11-7A (5) of the Zoning Ordinance to permit the construction of a ground sign on a property of less than three (3) acres in size. Recommendation: Please refer the request for a Variation to the Zoning Board of Appeals for public hearing at its October 2, 2007 meeting. �h BOT-Referral-2407 22nd Street-Starbucks Sign-VAR-August 2007.doc i 13-11-7: SIGNS IN THE B-1,6 AND B-4 COMMERCIAL DISTRIC Page 1 of 2 13-11-7: SIGNS IN THE B-1, B-3 AND B-4 COMMERCIAL DISTRICTS: In the B-1, B-3 and B-4 zoning districts, the following sign provisions are in effect. Except where exempted by this chapter, all of the following commercial signs require permits from the village: A. Awnings, Marquees And Signs: Awnings, marquees and nonflashing illuminated business signs without moving parts and without exposed neon tubing are permitted subject to meeting any other applicable regulations of the village (e.g., electrical code) and the following: 1. All sources of light, whether by direct exposure, surface reflection or transmission, shall be shielded so that the source of light is not visible from any adjacent residentially zoned property. 2. No sign shall be painted, pasted or similarly posted directly on the surface of any building, wall, fence, or structure. 3. The gross surface area in square feet of all signs on a lot shall be not more than two (2) times the number of lineal feet in the length of the building wall facing a public street. On a corner or through lot a sign may be erected along each street frontage. In a shopping district containing more than ten (10) acres, signs may be erected on each building wall. The maximum size of any sign for a single business is two hundred forty (240) square feet. 4. All signs shall be properly affixed to the building walls and shall not extend outward therefrom more than twelve inches (12") or project higher than thirty feet (30') above curb level. �In a retail/commercial development containing not less than three (3) acres, one ground sign, facing each street, which identifies the name and address of the shopping center may be erected in addition to the signs affixed to the building walls. Such signs shall: a) be not closer than ten feet (10') from a lot line; b) have a gross surface area of not more than one hundred sixty (160) square feet which may be in addition to the maximum gross surface area as permitted in subsection A3 of this section; c) not project higher than sixteen feet (16') above grade at the sign; and d) when located within fifty feet (50') of the lot corner of the intersection of two (2) or more streets, it shall have its lowest level not less than eight feet (8') above ground grade, and not closer than three feet (3') from a driveway or parking area. 6. In a retail/commercial development containing more than ten (10) acres, a maximum of two (2) ground signs, each of which identifies the name and address of the shopping center and may also identify the name and services or merchandise of each of the retail stores and restaurants located in the center, may be erected in addition to the signs affixed to building walls. Such signs shall: a) not be closer than ten feet (10') from the right of way of a public street; b) have a gross surface area of not more than five hundred (500) square feet on either side which may be in addition to the maximum gross surface area as permitted in subsection A3 of this section; c) not project higher than thirty feet (30') above grade at the sign; and d) when located within fifty feet (50') of the lot corner of the intersection of two (2) or more streets, it shall have its lowest level not less than eight feet (8') above ground grade, and shall not be closer than three feet (3') from a driveway or ak%2OBrook/15011000000007000.htm 9/26/2007 http://www.sterlingcodifiers.com/I L/O 13-11-7: SIGNS IN THE B-1, - AND B-4 COMMERCIAL DISTRIC Page 2 of 2 parking area. 7. Awnings and marquees affixed to any building or structure shall have headroom of not less than eight feet (8'). (Ord. G-695, 3-26-2002) http://www.sterlingcodifiers.com/IL/Oak%2OBrook/l 5011000000007000.htm 9/26/2007 /, VILLAGE of AK BROOK 4 1200 OAK BROOK ROAD OAK BROOK, IL 60523 eaooK` 630.990.3045 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) X❑ VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) 2❑ -Enter Number of Street Frontages/Per Parcel APPUCMT TO Co rAPL.ETE NaFE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMilt INnY DEVELOPIiENr AND AFTER AN INITIAL REVIEW WILL BE FILED MTN THE VILLAGE MERK LOCATION OF SUBJECT PROPERTY 2407 W 22nd Street, Oak Brook PERMANENT PARCEL NO*. 06 - 28 -202 -007 LOT NO. SUBDIVISION LEGAL ADDRESS*2407 W 22nd Street, Oak Brook ZONING DISTRICT B3 ZONING ORDINANCE SECTION 13-11-7 Article A (5) ACTION REQUESTED Approval for a ground sign for a lot less than 3 acres PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT X OWNER(S)OF RECORD The Mary Ann R Monty Trust#8-1995 PHONE 630-852-8696 ADDRESS 663 Avenue East Chateau CITY Oak Brook STATE IL ZIP 60523 BENEFICIARY(IES)OF TRUST Mary Ann R Monty PHONE 630-852-8696 ADDRESS 663 Avenue East Chateau CITY Oak Brook STATE IL ZIP 60523 NAME OF APPLICANT(and Billing Informations Starbucks Coffee cto TJ Design Strategies PHONE 630-368-0840 ADDRESS 2311 W 22nd Street, Suite 208 CITY Oak Brook STATE IL Zip 60523 Contact Name and E-mail Address(s) Theodore R Johnson, AICP, ASLA tiohnsonct4tidesignitd.com I(we)cei*that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and beief.I(we)give permission to the Village to install public hearing sign(s)on the lot of ove subject property as bed in the Cod i5o o the above fees,applicant agrees t the ila pu is costs within 30 days of I�INng Signature of Owner Date Signaturkpof Ap icant Date 00 NOT WR177 IN THIS MACE—FOR OFFICE USE O Y Date Filed Fee Paid `Receipt No. Received By G Board of Trustees(Referral) O-2901 Notice Published Newspaper Daily Herald Adj.Property Owners Notified PUBLIC HEARING DATES: Plan Commission 4114 Zoning Board of Appeals ��-a7- 7 Board of Trustees /0-2 7 Board of Trustees (Approve of Ordinance) SIGNED-VILLAGE CLERK PUBLIC HEARI10 1NF0 Paokel—5/9006 A. • PROJECT NA • NARRATIVE FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET The Applicant, Starbucks Coffee Company, is developing the property located at 2407 W. 22nd Street for a free-standing Starbucks Coffee facility with drive-thru and outdoor patio seating. The site is at the southeast corner of 22"d Street and Tower Drive, directly north of the municipal water tower. The parcel is 120 feet wide and approximately 280 feet deep containing approximately 33,600 square feet (0.77 acre). The subject property is presently zoned B-3 General Business. Due to the building setback and larger adjoining properties, the development is significantly blocked from the sight line of traffic. Since the location is a drive-by destination, without the benefit of a ground sign for traffic on 22nd Street, safe approach conditions could potentially be jeopardized. The ground sign would allow drivers from either direction adequate time to approach the establishment in a non-hazardous manner for themselves, as well as other drivers. The ground sign is approximately 55.5 square feet (including base), which is significantly less than allowed for a property with more than 3 acres in the B-1, 13-3 and B-4 Commercial Districts. The maximum size of any sign for a single business within these commercial districts is 240 square feet. In addition the base of the sign will be constructed with identical brick as on the building and screened with plant materials that are consistent with the property. * VARIATION REQUEST 0 FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET Relief from Section 13-11-7(A)(5) which only allows one ground sign in retail/commercial developments on lots containing more than 3 acres. The Starbucks property located at the southeast corner of 22"d Street and Tower Road contains approximately 33,600 SF (0.77 ac). Starbucks is proposing a 55.5 square foot (including base) ground sign in the far northeast corner of the site. The monument sign (including base) is 7'-9" high and 10'-8" wide and is setback V-0" from the front property line (22"d Street) and 5'-0" from the east property line (interior side yard). VARIATION STANDARDS RESPONSES (1)(a) 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. As initially approved by the Village, the nearest Starbucks identification sign is located on the north fagade of the building. The building sign is parallel to 22nd Street and is setback from the road right of way 69 feet. Due to the substantial reduced building setback of the adjoining western property and the mature landscaping on the eastern property, the existing building sign is d not visible for patrons traveling on 22" Street until they are at the property. he owner is due to unique(1)(b) The plight o f t circumstances. The unique circumstances which exist on the subject property include the limited lot size (33,600 SF), lot width (120') and the 69 foot setback from the roadway, thus blocking customer's view due to the adjacent larger buildings and mature landscaping located closer to roadway. VARIATION REQUEST FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET (1)(c) The variation, if granted, will not alter the essential character of the locality. If granted, it would be consistent with similar adjacent properties and not alter the character nor have an adverse impact on surrounding properties. (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 regulations were to be carried out. The subject property is a corner lot located in the southeast corner of 22nd Street and Tower Drive. Due to its limited size, and the required front yard setback places a restriction on the property which negatively impacts its sight line, along with the speed the vehicles are traveling on 22nd Street. (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. There are no other 33,600 SF corner lots in the B-3 General Business District within the Village. (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. The proposed variation has been designed as to not have an adverse impact on other properties or improvements in the adjacent area and VARIATION REQUEST FOR STARBUCKS COFFEE COMPANY 2407 W 22ND STREET in fact will allow consumers more time to approach the property at a higher level of safety. (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. The various elements of the proposed plan have been designed as to not have an adverse impact nor impair property values within 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. The purpose of the variation is to allow consumers ample time to locate the building at the level of speed allowed on 22nd Street in order to approach the destination in a safer manner. (2)(f) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The difficulty is based on the physical characteristics of the small corner lot and not created by any person. I C Z August 3, 2007 Mr. Robert Kallien, Jr., AICP Director of Community Development Village of Oak Brook 1200 Oak Brood Road Oak Brook, IL 60523-2255 RE: Starbucks—Sign Variation 2407 W 22nd Street Dear Mr. Kallien: This will confirm that Theodore R. Johnson of the firm TJ Design Strategies, Ltd. as the authorized representative of The Mary Ann R. Monty Trust #8-1995, to process the application to the Village of Oak Brook for a sign variation as it relates to the Starbucks located at 2407 W 22nd Street, Oak Brook, Illinois. Please do not hesitate to call me at (630) 852-8696 should you have any questions or require further information. Sincerely, Mary Ann R Monty Trustee of The Mary Ann R Monty Trust#8-1995 cc: T. Johnson Starbucks Coffee Company Midwest Regional Office 550 West Washington Blvd. Suite 200 . Chicago,IL 60661 July 31, 2007 Mr. Robert Kallien, Jr., AICP Director of Community Development Village of Oak Brook 1200 Oak Brood Road Oak Brook, IL 60523-2255 RE: Starbucks—Sign Variation 2407 W 22nd Street Dear Mr. Kallien: This will confirm that Theodore R. Johnson of the firm TJ Design Strategies, Ltd. as the authorized representative of Starbucks Coffee Company, to process the application to the Village of Oak Brook for a sign variation as it relates to the Starbucks located at 2407 W 22nd Street, Oak Brook, Illinois. Please do not hesitate to call me at (312) 775-6507 ext. 2211 should you have any questions or require further information. Sincerely, STARB CKS COFFEE COMPANY Michael J. Achim Construction Manager cc: T. Johnson r S Ti DESIGN STRATEGIES,LTD. HARRIS BANK 2757 2311 WEST 22ND ST.,SUITE 208 HARRIS TRUST AND SAVINGS BANK OAK BROOK,IL 60523 WHEELING,IL 60090 630-368-0840 2-2566/710 8/10/2007 Y u as c PAY R of Village of Oak Brook I $"850.00 0 Eight Hundred Fifty and 00/100****************************************************************** DOLLARS 8 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 s A IL � CHECK 73&5510A1--XPXe NUMBER $ CHECKS $ CASH INV# DATE NAME G.L.ACCOUNT# DESCRIPTION VILLAGE OF OAK BROOK WIT T OU A T SIGNATURE DEPARTMENT OF COMMUNITY DEVELOPMENT B 15570 1200 OAK BROOK ROAD r OAK BROOK, ILLINOIS u PHONE: (630)990-3045 71:a� RETAIN THIS RECEIPT FOR YOUR RECORDS Certification Surrounding Property Owners I (we)certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of�this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my(our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s)on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. Theodore R Johnson, AICP, ASLA as Mary Ann R Monty as Trustee of authorized representative for Starbucks The Mary Ann R Monty Trust#8-1995 Coffee Company Printed Name of Owner Printed f L"cant 84nature of Owner Date Signature of pplic nt Date BILL TO INFORMATION: Starbucks Coffee Company c/o TJ Design Strategies LTD Theodore R Johnson, AICP, ASLA 630-368-0840 Print Name/Company Contact Person Contact Phone 2311 W 22nd Street, Suite 208 Oak Brook, IL 60523 Address To be Billed Alternate Phone NOTE: If the applicanVowner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. J NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys,and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PARCEL OWNER ..•. NUMBER 4 Berseem Court ja*k rseem ou Islam Eldewek Oak Brook IL 60523 Brook�Court IL 60523 06-28-207-001 Thomas& Karen Grease) 6 Arden Court en Oak Brook IL 60523 Bro 60523 06-28-207-003 Donald C Trauscht 4 Arden Court 4 Arden Court 06-27-101-001 Oak Brook IL 60523 Oak Brook IL 60523 Realty Assoc. Fund VII LP 1 OakbrookTerrace #600, 2311 W 22nd Street c/o NAI Hiffman Oakbrook Terr, IL 60181 Oa k-Brook, IL 60523 06-27-100-017 Nicor Gas Real Estate; P.O. Box 190 No Address Aurora IL 60507 -way 06-27-100-006 Village of Oak Brook 1200 Oak Brook Road No Address Oak Brook IL 60521 Water Tower location 06-28-202-009 Chicago Title Land Trust 181 W Madison St No 17 FI 2425 22nd Street Trust 11357310 Chicago, IL 60602 Oak Brook, IL 60523 06-28-202-021 R & B Properties 170 Metropolitan Centre, 333 S. 2525 22nd Street Minneapolis. Oak Brook IL 60523 06-28-202-004 Nicor Gas Real Estate; P.O. Box 190 No Address Aurora. IL 60507 Right-of-way 06-28-202-011 Harris TR HTH 2498 18 Royal Vale Drive 18W066 22nd St c/o Safta Einaggar Oak Brook IL 60523 Oakbrook Terrace IL 6052 06-21-403-010 JoAnne Pobre Brown Road 8WO44-066 22nd St St Charles IL 60175 akbrook Terrace IL 6052 06-21-403-019 West Suburban Bank Comptroller Dept., 2800 S Finley 7W754 22nd St Road Downers Grove IL 60515 akbrook Terrace IL 6052 06-21-403-020 KRCV`Corp 3333 New Hyde Park Rd, 7W740 22nd St c/o KIMCO Reafty. New Hyde Park NY 11042 akbrook Terrace IL 6052 06-21-403-023 KIMCO 837 O/P Inc 3333 New Hyde Park Rd, 44 22nd St c% KIMCO Real New Hyde Park NY 11042 akbrook Terrace IL 6052 06-21403-024 KIMCO 8 /P Inc 3333 New Hyde Park Rd, 17W744 0 22nd St /o KIMCO Realty New Hyde Park NY 11042 Oakbrook Terrace, IL 6059,3 06-22-301-059 KRCV Corp 3333 New Hyde Park Rd, 17W714-738 22nd St c/o KIMCO R2ajy New H de Park NY 11042 Oakbrook Terrace IL 6052 06-22.301-058 (Attach additional sheets if necessary) PUBLIC HEARING INFO Packet-5/200 ,/ + E Su ect Property Veriflca n (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N.from Real Estate Tax Bill): 06 28 202 007 2. Common Address: 2407 W 22nd Street Oak Brook, IL 60523 _ 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanekO-oak-brook.org That certain tract of land situated in the County of DuPage, State of Illinois and more particularly described below: Lot 3 in Bulter Company M-1, Inc. Assessment Plat No. 6 of part of the North West 1/4 of Section 27 and part of the North East 1/4 Section 28, Township 39 North, Range 11, East of the Third Principle Meridian, according to the Plat thereof recorded July 20, 1964, as Document R64-25649, In DuPage County, Illinois The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Chrissy Dabbert Date called: ,may 31. 2007 DuPage County Clerk's Office — Revenue Department: (630-510-3376) Contact Person: Andrea Roberg Date called: .lulu 31, 2007 I verify that the information provided above is accurate. Jeri D Krieg C7,, - �- Printed Name Sig ure Date: July 31, 2007 Relationship to Applicant: ssociate DSO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By. Date PUBLIC NEMING 11YF0 Packet-5/2006 I D/F ILL. MONUMENT 6'-1 M D/F ILLUMINATED MONUMENT SEE PRODUCTION i DRAWING#STA1 D9D1002 12" 4'-0" ■ � 1 v Cl) 0 N 1� M I M . IF N IF IF • V-6" ®CHANGED BRICK TO WHEAT JJ 07.30.2007 COLOR FRONT VIEW SIDE VIEW -EXISTING BRICK BASE -NEED TO KNOW IF SPACERS ARE NEEDED BEFORE PROD. ENSEIGNES PAmUISON SIGN GROUP Customer Approval: Date: / / By: Date: / / -Tel(506)735-5506 -Fax(506)737-1740-Toll Free 1-800-561-9798 This sign intended to be installed in accordance with the requirements of Patti' ign Group illuminated signs Contain Fluorescent, IT IS AGREED THAT THE CLIENT IS ENTIRELY RESPONSIBLE TO INSTALL THE CONCRETE STARBU C KS COFFEE /Or HID Lamps. BASE AS PER ENSEIGNES PhTTISON SIGN GROUP'S TECHNICAL DRAWINGS OR THE VARIOUS Article 600 of the National Electrical Code and I or other applicable local codes. ps contain Mercury(Hg) EOUNALENT.WHERE AN EXISTING BASE IS USED,THE CLIENTAGREES TO CHECK IF THE CONCRETE BASE CAN SUPPORT THE SIGN AS SUPPLIED BY ENSEIGNES PATTISON SIGN US This includes proper grounding and bonding of the sign Of these lamps according t0 Local,Provincial,State, GROUP.ENSEIGNES PATTISON SIGN GROUP WILL NOTACCEPTANY LIABILITY. JOHN FERRARI l�"'S JESSICAJALBERT 07.�2.zoo7 • 9001:2000 1/1 1/2"=1'-0' ©2007 ENSEIGNES PATTISON SIGN GROUP.ALL RIGHTS RESERVED,NO PART OF THIS DRAWING MAYBE REPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM ENSEIGNES PATTISON SIGN GROUP. J F-21392 F-6-1.03 i li t c _ •fir �!i © O • A „r,. � .. �l. 'Wb,:its .:� � • �� r k� � :� v f s• 8 � r 1 1 .... .. • +• �� Vim. >� •.r.: '°`.k� �,: � _.. or . _ 22nd Stre + Ll - � � n . Nip w x : r wow i • A � � • � 'I • AGENDA ITEM Regular Board of Trustees Meeting of January 22, 2008 SUBJECT: Starbucks Coffee c/o TJ Design Strategies — 2407 22nd Street — Sign Vanati FROM: Robert L. Kallien, Jr., AICP, Community Development Director ' BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to approve Ordinance S -1223 which approves a variation to permit a ground sign for the Starbucks located at 2407 22nd Street and to permit the ground sign to be placed one (1) foot from the front lot line along 22nd Street and five (5) feet from the side lot line. Background /History: At the January 8, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of a variation to Section 13- 11 -7A.5 of the Zoning Ordinance for the Starbucks located at 2407 22nd Street to permit a ground sign on a parcel that is less than three (3) acres in size in the B -3 District and to permit the ground sign to be placed one (1) foot from the front lot line along 22nd Street and five (5) feet from the side lot line Recommendation: Approve Ordinance S -1223. �)V) Last saved by GPOLANEK J \1 -FROM BOB\Bot - PC - ZBA\BOT- Rec- Starbucks- Sign -Var -final action Ordinance - S -1223 doc ORDINANCE 2008- ZO -V -S -1223 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN AT 2407 22ND STREET IN THE VILLAGE OF OAK BROOK (PIN 06 -28- 202 -007) WHEREAS, an application has been filed by TJ Design Strategies, Ltd (the "Petitioner ") as the authorized representative of Starbucks Coffee Company on behalf of the Mary Ann R Monty Trust #8- 1995, the owner of the property, requesting two variations to Section 13 -11 -7A 5 of the Zoning Ordinance to allow the construction of a ground sign, and WHEREAS, on December 4, 2007, the Zoning Board of Appeals conducted a public hearing on the request for two variations, pursuant to due and appropriate legal notice, and recommended approval of the variations subject to certain conditions, and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variations and made specific findings, including that the variations will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the variations, as set forth below, to be in the best interests of the Village NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Petitioner is hereby granted a variation to Section 13 -11 -7A 5 of the Zoning Ordinance to allow the construction of a ground sign at 2407 22nd Street Oak Brook, Illinois, subject to the following conditions 1 Construction of the sign to be in conformance with the plans as submitted, including the landscaping plan 2 The applicant shall meet all Village Code requirements existing as of the time that the building permit application is submitted to the Village except as specifically varied or waived by this ordinance Section 3 The Petitioner is hereby granted a variation to Section 13 -11 -7A 5 of the Zoning Ordinance to allow the construction of a ground sign to be placed one (1) foot from the front lot line along 22nd Street and five (5) feet from the side lot line at 2407 22nd Street Oak Brook, Illinois, subject to the following conditions 1 The development shall be in substantial conformance with the revised Sign Detail plan on Page E (prepared by Enseignes Pattison Sign Group dated July 30, 2007), revised Site Plan on page G (prepared by Sarfatty Associates, Ltd Sheet Number SP -1 dated July 24, 2007), and the revised Landscape Plan on page H (Sarfatty Associates, Ltd Sheet Number SP -2 dated July 24, 2007) of the case file Ordinance 2008- ZO -V -S -1223 Starbucks Ground Sign 2407 22nd St, Oak Brook 06 -28- 202 -007 Page 2 of 2 2 The sign shall comply with all Village lighting standards 3 The applicant shall meet all Village Code requirements existing as of the time that the building permit application is submitted to the Village except as specifically varied or waived by this ordinance Section 4 The variation and the scope of this ordinance are limited and restricted to the property located at 2407 22nd Street, which is legally described as follows LOT 3 IN BUTLER COMPANY M -1, INC ASSESSMENT PLAT NO 6 OF PART OF THE NORTH WEST' /4 OF SECTION 27 AND PART OF THE NORTH EAST' /4 OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 20,1964, AS DOCUMENT R64- 25649, IN DU PAGE COUNTY, ILLINOIS Permanent Index Number 06 -28- 202 -007 Section 5. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 7 This ordinance shall be in full force and effect from and after its passage, approval and publication as' required by law Ayes Nays Absent APPROVED THIS 22nd day of January, 2008 John W Craig Village President PASSED THIS 22nd day of January, 2008 ATTEST Charlotte K Pruss Village Clerk Of 04 Ir B O y G � A � UUNTI Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www .,oak- brook.org Administration 630 368 5000 FAX'630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX�630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 368 6400 FAX 630 368 6419 - v1) DS �.t�. S /L2.3 PGA June 13, 2008 Starbucks Coffee Company c/o TJ Design Strategies Ltd. 2311 W. 22nd Street, Suite 208 Oak Brook, IL 60523 Re: Recorded Document on February 28, 2008: ORDINANCE 2008- ZO- V- S- 1223/R2008- 032033 2407 W. 22nd Street Oak Brook, IL 60523 Dear Sirs: A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, CX'�� An. Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files V S— /2.2.., /RECDOC /2008 - RECLTR -ORD 2008- ZO -V -S- 1223- STARBUCKS -2407 W 22ND ST FRED BUCHOLZ pI1PRGE COUNTY flEfAH0E�fl 12 PM FEB.28,2000 OTHER 06- 28- 202 -007 004 PAGES H2008 -0320 3 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2008- ZO -V -S -1223 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN AT 2407 22 NU STREET IN THE VILLAGE OF OAK BROOK Property Address /es 2407 W. 22ND STREET (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin Number /s 06 -28- 202 -007 Name & Address of Applicant- STARBUCKS COFFEE CO. c/o TJ DESIGN STRATEGIES LTD 2311 W. 22 NU STREET, SUITE 208, OAK BROOK, IL 60523 Name & Address of Responsible STARBUCKS COFFEE CO. c/o TJ DESIGN STRATEGIES LTD Party to Receive Copy of 2311 W. 22 NU STREET, SUITE 208 Recorded Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: Z11 Retur 'To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 y ORDINANCE 2008- ZO -V -S -1223 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN AT 2407 22ND STREET IN THE VILLAGE OF OAK BROOK (PIN: 06 -28- 202 -007) WHEREAS, an application has been filed by TJ Design Strategies, Ltd. (the "Petitioner') as the authorized representative of Starbucks Coffee Company on behalf of the Mary Ann R Monty Trust #8- 1995, the owner of the property, requesting two variations to Section 13- 11 -7A.5 of the Zoning Ordinance to allow the construction of a ground sign, and WHEREAS, on December 4, 2007, the Zoning Board of Appeals conducted a public hearing on the request for two variations, pursuant to due and appropriate legal notice, and recommended approval of the variations subject to certain conditions; and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variations and made specific findings, including that the variations will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the variations, as set forth below, to be in the best interests of the Village NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows - Section 1. The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Petitioner is hereby granted a variation to Section 13 -11 -7A 5 of the Zoning Ordinance to allow the construction of a ground sign at 2407 22nd Street Oak Brook, Illinois, subject to the following conditions 1. Construction of the sign to be in conformance with the plans as submitted, including the landscaping plan. 2 The applicant shall meet all Village Code requirements existing as of the time that the building permit application is submitted to the Village except as specifically varied or waived by this ordinance Section 3 The Petitioner is hereby granted a variation to Section 13-11-7A5 of the Zoning Ordinance to allow the construction of a ground sign to be placed one (1) foot from the front lot line along 22nd Street and five (5) feet from the side lot line at 2407 22nd Street Oak Brook, Illinois, subject to the following conditions - 1. The development shall be in substantial conformance with the revised Sign Detail plan on Page E (prepared by Enseignes Pattison Sign Group dated July 30, 2007); revised Site Plan on page G (prepared by Sarfatty Associates, Ltd Sheet Number SP -1 dated July 24, 2007), and the revised Landscape Plan on page H ( Sarfatty Associates, Ltd Sheet Number SP -2 dated July 24, 2007) of the case file. Ordinance 2008- ZO -V -S -1223 Starbucks Ground Sign 2407 22nd St, Oak Brook 06 -28- 202 -007 Page 2 of 2 2. The sign shall comply with all Village lighting standards. 3. The applicant shall meet all Village Code requirements existing as of the time that the building permit application is submitted to the Village except as specifically varied or waived by this ordinance. Section 4' The variation and the scope of this ordinance are limited and restricted to the property located at 2407 22nd Street, which is legally described as follows. LOT 3 IN BUTLER COMPANY M -1, INC. ASSESSMENT PLAT NO. 6 OF PART OF THE NORTH WEST' /4 OF SECTION 27 AND PART OF THE NORTH EAST % OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 20,1964, AS DOCUMENT R64- 25649, IN DU PAGE COUNTY, ILLINOIS Permanent Index Number: 06 -28- 202 -007 Section 5: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 7. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 22nd day of January. 2008. PASSED THIS 22nd day of January, 2008 Ayes Trustees Carson Kennedy Manofsky, Saiyed, Sanford and Wolin Nays None Absent None ATTEST Charlotte K Pruss Ile Village Clerk t 9 • STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois I DO FURTHER CERTIFY that on January 22, 2008 , the corporate authorities of the above municipality passed and approved Ordinance 2008- ZO -V -S -1223, AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN AT 2407 22ND STREET IN THE VILLAGE OF OAK BROOK (PIN 06 -28- 202 -007) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 19th day of February, 2008 loe �k Charlotte K Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois