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Minutes - 11/06/2007 - Zoning Board of AppealsMINUTES 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 I. 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 and Baker Nimry ABSENT: Member Steven Young IN ATTENDANCE: Robert Sanford, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: I MINUTES SPECIAL ZONING BOARD OF APPEALS MEETING OF AUGUST 22,200 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 4. UNFINISHED BUSINESS UNFINISHED BUSINESS A 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 - 2407 22"' STREET- - REGULATIONS REGULATOIONS SIGN 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 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 TDOT 22 "d 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 attention. The Starbucks sign will be considerably different, which will be illuminated and one foot from the property line. The face of the sign would be 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 tame, 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. Linderman 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 12 Chairman Davis questioned whether Village Engineer Durfey had reviewed the Site Plan regarding the concerns raised on the possible 22nd 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 22nd 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 22nd 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 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 pen-nit 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. 6. OTHER BUSINESS oTI -IEri BUSINESS CONFIRMATION OF THE 2008 MEETING DATE SCHEDULE CONFIRMATION or 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 schedule for 2008. Following a brief discussion there was a consensus of the members to maintain the current meeting schedule to be held on the first Tuesday of each month at 7:30 p.m. Any specific meeting changes to that date would be set by a Special Meeting Notice. Motion by Member Krietsch, seconded by Member Nimry to confirm the Zoning Board of Appeals 2008 meeting date schedule and to maintain the 2007 Regular Zoning Board of Appeals meeting date of the second Tuesday of each month at 7:30 p.m. VOICE VOTE: Motion Carried, JANUARY 1, 2008 MEETING DATE DISCUSSION Gail Polanek advised the Zoning Board members that the Regular Zoning Board of Appeals Meeting date of January 1, 2008 falls on the New Years Day holiday. Following a discussion of possible alternate dates, it was agreed and the members confirmed that the date will be rescheduled for January 7, 2008 at our next meeting. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Bulin, seconded by Member K.rietsch to adjourn the meeting at 8:11 p.m. V010E VOTE: Motion carried. ATTEST: Robert Kallie ,Director Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 6 November 6, 2007