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07/30/2013Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 1 DES PLAINES ILLINOIS DES PLAINES ZONING BOARD MEETING July 30, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, July 30, 2013 at 7:30 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD Chairman Seegers called the meeting to order at 7:32 P.M. Roll call was conducted. PRESENT: Seegers, Catalano, Szabo, Porada, Hofherr, Schell, Saletnik ABSENT: None Also present was Chan Yu, of the Department of Community and Economic Development Department. Chairman Seegers read the summary of the case up for hearing. A motion was made by Board Member Catalano, and was seconded by Board Member Hofherr to approve the minutes of the July 9, 2013 Zoning Board of Appeals. AYES: Catalano, Saletnik, Hofherr, Porada, Seegers, Schell NAYES: None ABSTENTIONS: Szabo Board Member Szabo abstained from voting because he did not attend the July 9th ZBA meeting. ***MOTION CARRIED * * * * NEW BUSINESS Address: 2600 S. Des Plaines River Road Case Number: Case #13-024-V Issue: The petitioner is requesting a variation to Section 11 .6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 150 square foot wall sign, where a maximum of 100 square feet is allowed on the west elevation. Address: PIN: 2600 S. Des Plaines River Road 09-33-203-033-0000 Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 2 Petitioner: Lee Gottfried, Olympic Sign, 1130 N. Garfield Street, Lombard, IL 60148 Owner(s): Anthony Svanascini, 1 5. Northwest Highway, Park Ridge, IL 60068 Petitioner Lee Gottfried of Olympic Sign summarized his request. They are designing a board that fits of the face of American Eagle. It does not go one inch above the wall line. It faces the expressway, it is illuminated, and it is 50 square feet above the square footage limit. Chairman Seegers asked about the signs elevation facing to the West. Petitioner Gottfried stated that it is at a height where it cannot be seen by the houses, and is barely visible from the expressway. Additionally, there is only a small portion of the font on the sign that is near the top. Board Member Hofherr asked about a discrepancy between two of the pictures provided to the board. In one photo there is space between the words `American' and `Eagle', and in the other photo there is no space between the words. Petitioner Gottfried said that the photo with space between the words is the model that will be used on the sign. The other photo is simply the American Eagle website logo superimposed on the image. Board Member Szabo asked if the sign will be mounted on the face of the building. Petitioner Gottfried confirmed that it would be mounted on the face by the process of being bolted. Board Member Szabo asked if American Eagle left, could the sign be removed. Petitioner Gottfried stated that the sign could be removed by patching and replacing. Board Member Szabo asked if Olympic Sign performs that service. Petitioner Gottfried confirmed that Olympic Sign does patch and replace signs for businesses. Mr. Yu summarized the staff report. Issue: The petitioner is requesting a variation to Section 11 .6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 150 square foot wall sign, where a maximum of 100 square feet is allowed on the west elevation. Analysis: Address: 2600 S. Des Plaines River Road PIN: 09-33-203-033-0000 Existing Zoning: C-2, Limited Office Commercial District Petitioner: Olympic Sign, 1130 N. Garfield Street, Lombard, IL 60148 Owner(s): Anthony Svanascini, 1 5. Northwest Highway, Park Ridge, IL 60068 In reviewing this variation request, staff has considered the following information: American Eagle has recently occupied a three story office building on an approximately 3.5 acre triangular shaped site that is bounded by Des Plaines River Road on the east and the 1-294 Tollway on the west. The applicant is requesting a variation to allow a 150 square foot wall sign. Section 11 .6B of the Zoning Ordinance allows three square feet of wall signage per one linear foot of building frontage up to 100 square feet. The applicant sites the size Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 3 of the building location on the Tollway as reasons to grant the request. A monument sign is located on the Des Plaines River Road frontage, but no wall signs currently exist. The request is a major variance, as the size requested is more than 10% greater than allowed by code for a wall sign. A Text Amendment to the Zoning Ordinance (Z-27-1 1) allowed for sign variance requests of up to 50%, where they have previously been limited to not more than 10%. Recommendation: Staff recommends approval of the requested wall sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance, subject to the following Condition of Approval. 1. The wall sign shall not extend above the roof line. The west side of the building faces I-294 which has a higher speed limit than a typical roadway within the City. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the variance for wall sign that is greater than 100 square feet. The City Council has the final authority on the proj ect. Chairman Seegers asked if there was anyone from the public that wished to speak on this issue. There were none. Board Member Szabo made a motion, seconded by Board Member Hofherr, to recommend approval of the variance request at 2600 S. Des Plaines River Road with the added condition that: Olympic Sign will remove the sign and patch the holes to their pre -cast condition if American Eagle were to leave the property. AYES: Catalano, Szabo, Saletnik, Hofherr, Porada, Schell, Seegers NAYES: None ***MOTION CARRIED**** Address 877 Elmhurst Road Case Number: Case #13-036-V Issue: The petitioner is requesting a variation to Section 11 .6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 64 square foot pole sign with a 28 square foot Electronic Message Board (44%), where a maximum 32 square feet or 30% (19.2 square feet) of a 64 square foot sign, whichever is less, may consist of an Electronic Message Board, and to allow an Electronic Message Board sign approximately 230 feet from a residence, where a minimum distance of 250 feet is required. Address: 877 Elrnhurst Road PIN: 08-24-100-013-0000 Petitioner: Phil Mesi, Lisa Polarecki, 877 Elmhurst Road, Des Plaines, IL 60016 Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 4 Owner(s): Ann H. Rose Trust, 5627 W. Dempster Street, Morton Grove, IL 60053 Board Member Hofherr recused himself from this vote due to his personal financial relationship and friendship with the petitioners. Phil Mesi summarized their request. He is the owner of a Subway franchise and is looking to remodel the location and change the signage. He has had an illuminated sign for many years, and never received any complaints from residents. The new sign will have less square footage than the current one. He reiterated that this subway is in a very commercial location. The only nearby residential area is to the east, but the view is obstructed due to trees, and never had any issues with residents from that neighborhood. Chairman Seegers asked if the new sign would be placed in the same location as the existing sign. Mr. Mesi confirmed that it would not only be in the exact same location, it would also be 60% more energy efficient. Board Member Szabo inquired if Mr. Mesi knew anything about what was happening with the nearby Lee's Mandarin property. Mr. Mesi stated that a Korean medical facility will begin operating in that location in the near future. He pointed out that there is a great deal of vacant property around the Subway location, and it is struggling as a result. Board Member Catalano asked if Mr. Mesi was aware of the recommendations and conditions of the zoning proposal. Mr. Mesi said he had spoken informally about the proposal with staff, but did not receive the official conditions until just a few minutes before the meeting. He mentioned that he was concerned regarding the hours and animation limitations in the conditions. He brought up the examples of nearby Taco Bell and Dunkin Donuts locations which are open through late hours of the night. He wanted the sign to be able to be lit throughout the location's hours of operation. He also did not understand exactly what "no animations" meant in the context of an illuminated sign. Board Member Catalano asked what the hours of operation were for the location. Mr. Mesi stated they were from 7:00 am to 2:00 am Board Member Catalano asked about how the messages will be displayed on the sign. Will they scroll or will it be a changing message? Mr. Mesi stated that it will employ a combination of scrolling messages as well as listing the specials. The current is outdated and malfunctioning, and it would make more sense to replace it than repair it. He asked the board to explain what is meant by the term animation. Board Member Catalano explained that video or movies, including those with audio, would be considered to be animation. Showing still images of special offers and scrolling text do not constitute animation, and would be considered acceptable under the conditions of the agreement. Mr. Yu asked Mr. Mesi what he had discussed with staff prior to this meeting. Mr. Mesi reiterated that he did not find out about the terms and conditions until the last minute. The conditions were never discussed with Mr. Mangum. In the meetings he did have, text change or hours of illumination were never brought up in prior meetings. Board Member Saletnik commented that the area the Subway is located in is totally illuminated at very late hours. There is no need for an hours restriction on the sign. Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 5 Mr. Yu summarized the staff report. Issue: The petitioner is requesting a variation to Section 11 .6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 64 square foot pole sign with a 28 square foot Electronic Message Board (44%), where a maximum 32 square feet or 30% (19.2 square feet) of a 64 square foot sign, whichever is less, may consist of an Electronic Message Board, and to allow an Electronic Message Board sign approximately 230 feet from a residence, where a minimum distance of 250 feet is required. Analysis: Address: 877 Elmhurst Road PIN: 08-24-100-013-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: Phil Mesi, 877 Elmhurst Road, Des Plaines, IL 60016 Owner(s): Ann H. Rose Trust, 5627 W. Dempster Street, Morton Grove, IL 60053 In reviewing this variation request, staff has considered the following information: In 2004 a permit was issued for the existing 19.5 -foot tall, 72 square -foot pole sign with a 36 square foot Electronic Message Board (EMB) component at 877 Elmhurst Road in the C-3 General Commercial Zoning District. The petitioner is proposing to remove the existing 3 -foot by 12 -foot EMB portion of the pole sign and replace it with a 28 square -foot (4 -foot by 7 -foot) EMB. The 64 square foot sign would use the existing pole and the 36 square foot (3 -foot by 12 -foot) top cabinet would remain. The approximately 18,486 square foot lot has 100 -feet of frontage on the east side of Elmhurst Road. In 2011 the City Council approved a Text Amendment (Z-27-1 1) to the Zoning Ordinance that increased the maximum allowable size of Electronic Message Board (EMB) signs from 20 to 32 square feet, but maintained the proportionality limitation that an EMB cannot exceed 30% of the total area of a sign. Section 11.6B of the Zoning Ordinance allows a property with over 75 feet of street frontage a maximum of one pole sign with a maximum area of 75 square feet. Based on the maximum EMB percentage allowed (30%), a 64 square foot pole sign is only allowed a 19.2 square foot EMB component. The EMB size request is a major variance, as the size requested is more than 10% greater than allowed by code for an electronic message board component of a pole sign. A second variation is requested because the proposed sign location is approximately 230 -feet from the nearest residence at 640 Murray Lane, where a minimum distance of 250 -feet is required. The applicant lists competition from other businesses, energy efficiency of new technology, and a reduction in size from the existing EMB as reasons for the variation requests. Recommendation: Staff recommends approval of the requested sign variations for the size and percentage of the Electronic Message Board component and proximity to the nearest residence based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 6 2. The changeable copy shall be specific to the business in which the sign is intended. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. The replacement EMB sign would be smaller in size than the existing sign and is proposed in the same location as the existing sign. Additional conditions of approval, including hours of operation, are intended to limit the impact on surrounding properties. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the variances for an EMB component that is greater than 30% of the total sign area and located within 250 -feet of a residence. The City Council has the final authority on the project. Chairman Seegers asked if there was anyone from the public that wished to speak on this issue. There were none. Board Member Catalano made a motion, seconded by Board Member Saletnik, to recommend approval of the variance request at 877 Elmhurst Road with conditions 1-4, but excluding condition 5. AYES: Saletnik, Seegers, Catalano, Szabo NAYES: Schell, Porada ABSTENTIONS: Hofherr ***MOTION CARRIED**** Address 2501 Ballard Road Case Number: Case #13-037-V Issue: The petitioner is requesting a variation to Section 11 .6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow an Electronic Message Board sign approximately 50 feet from a residence, where a minimum distance of 250 feet is required. Address: 2501 Ballard Road PIN: 09-15-304-035-0000, 09-15-304-040-0000, 09-15-304-041-0000,09-15-304-042-0000 Petitioner: Cornell, Bar, Countryside Saloon, Inc., 2501 Ballard Road, Des Plaines, IL 60016 Owner(s): Heartland Bank (Trustee of Land Trust #3218) 4456 Wolf Road, Western Springs, IL 60558 Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 7 Cornell Bar summarized his request. Countryside Saloon has operated in Des Plaines for 25 years. The current sign is falling apart and needs to be replaced. According to Mr. Mangum it cannot be a 100% LED sign, so he is requesting a double -stack sign. There are currently two signs on the property, one facing east and one facing west. The property faces north, and the view is blocked by trees. Two letters of approval have been received from the state. Chairman Seegers asked if the sign would be in the same location. Mr. Bar confirmed that one sign would remain in the same location and the other would be taken down. They are keeping the eastern -most sign, where they will have an ID above the message board. Board Member Hofherr asked if the surrounding properties were residential. Mr. Bar said that directly across the street is a business district; to the east there is a multifamily residence, then an apartment complex; and to the West is a residential property, and the homeowner has no objections to the proposal. He has a list of signatures of nearby residents who approve of an electric sign. Board Member Catalano asked if the petitioner understood the conditions and recommendations. Mr. Bar stated he understood everything, but wished that he could keep the sign illuminated until midnight rather than the recommended limit of 10:00 pm. Board Member Szabo asked how late Countryside Saloon is open. Mr. Bar said that it closed at 1:00 am on weekdays and 2:00 am on weekends. He clarified that he does not expect the board to allow the sign to be lit for the entire hours of operation, but thinks that midnight is a fair cutoff. Chairman Seegers asked what time Countryside Saloon opens. Mr. Bar said 11:00 am. Chairman Seegers said that they should not have a problem with the morning lighting restrictions as it falls completely within the hours of operation. Mr. Bar confirmed that was correct. Mr. Yu read a summary of the case. Issue: The petitioner is requesting a variation to Section 11 .6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow an Electronic Message Board sign approximately 50 feet from a residence, where a minimum distance of 250 feet is required. Analysis: Address: 2501 Ballard Road PIN: 09-15-304-035-0000, 09-15-304-040-0000, 09-15-304-041-0000, 09-15-304-042-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: Countryside Saloon, Inc., 2501 Ballard Road, Des Plaines, IL 60016 Owner(s): Heartland Bank (Trustee of Land Trust #3218) 4456 Wolf Road, Western Springs, IL 60558 In reviewing this variation request, staff has considered the following information: The approximately 37,150 square foot lot has 235 -feet of frontage on the south side of Ballard Road. Section 1 1.6B of the Zoning Ordinance allows a property with over 120 feet of street frontage a maximum of one pole sign with a maximum area of 90 square feet. Two existing pole signs for the business are located adjacent to the property within the Illinois Department of Transportation's (IDOT) right-of-way. Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 8 The applicant, Countryside Saloon, proposes to reuse the existing pole from the eastern -most sign to replace the existing 16 square -foot sign with a new 66.8 square foot sign composed of 14.2 square feet of Electronic Message Board (EMB) and 52.6 square feet of static sign area. The applicant has provided a letter from IDOT stating no objection to changing the face of the existing sign. Staff has included a condition of approval requiring specific written approval from IDOT for the sign, as proposed. Based on the maximum EMB percentage allowed (30%), a 66.8 square foot pole sign is allowed up to a 20 square foot EMB component. Therefore, the proposed 14.2 square foot EMB (21%) would be in compliance with this provision of the Zoning Ordinance. The major variation requested is to allow the EMB sign approximately 50 -feet from the nearest residence, a two- story multi -family residential building at 2511 Ballard Road, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 130 -feet from the two-story multi -family residential building at 2525 Ballard Road and approximately 215 -feet from the single-family residence at 2460 Ballard Road. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested sign variation for proximity of an EMB to the nearest residence based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. 6. Prior to issuance of the sign permit, the applicant shall submit written approval of the proposed sign from the Illinois Department of Transportation. 7. Prior to installation of the new sign on the existing pole of the easternmost sign, the applicant shall remove the westernmost (nonconforming) pole sign. Conditions of approval, including hours of operation and removal of the westernmost pole sign, are intended to limit the impact on surrounding properties and bring the freestanding signage in closer conformance to current regulations. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the variance for an EMB sign within 250 -feet of a residence. The City Council has the final authority on the project. Chairman Seegers asked if anyone from the public objected to the proposal. Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 9 Irina Reznik and Vladimir Kudinak of 2472 Seminary Avenue in Des Plaines got up to speak. Ms. Reznik stated that she is concerned about a flashing sign because her bedroom faces the sign. It is very visible from her window. She does not want to have to buy special shades for her window to block the light. Chairman Seegers asked if their window was parallel to the sign. Ms. Reznik said that it was semi -parallel. Mr. Kudinak added that he was concerned that the LED technology will be much brighter than the current sign. Sheri Stadler of 2460 Ballard Road in Des Plaines also got up to speak. She stated that her bedroom faces the sign. A lot of noise and cussing comes from the location throughout the late hours of the night; she is often disturbed by the lights from the parking lot, the sign, and the headlights of patrons. She dislikes the unfriendliness of the patrons, especially in such a small, enclosed environment. A flashing LED sign would be unfair to the residents. She stated that she did not believe that Countryside Saloon was being a good neighbor. Board Member Catalano reiterated the condition that the sign can only change its message once every 10 seconds. He asked Mr. Bar if the sign could flash or scroll. Mr. Bar stated that the sign will not flash or scroll, it is not animated in any way. Board Member Catalano asked if the size of the sign was going down. Mr. Bar confirmed that was correct. Board Member Catalano asked if the Sign ID is a backlit system. Mr. Bar confirmed that was correct. Board Member Catalano asked if the sign of the size was going down. Mr. Bar said yes, it will be 30 inches by 6 feet. Board Member Catalano asked if the current sign was 4 feet by 8 feet. Mr. Bar confirmed that was correct. Chairman Seegers asked if the Sign ID is self -lit from behind. Mr. Bar said that it currently is self -lit from behind, and it will continue to be. Board Member Szabo understood how the 31 inch by 66 inch specifications were being utilized, but asked how the rest of the surface area will be used. Mr. Bar stated that they will blank off 2 sides with fillers; there will be no light. They will essentially serve as a retaining border. Board Member Szabo asked if both signs currently illuminate. Mr. Bar said that both signs currently illuminate. Board Member Catalano asked if the sign is located to the east or west of the east driveway. Mr. Bar said that it is to the east of the east drive way. Board Member Catalano concluded that this location is by the edge of the property line. It is across from Good Avenue, by the center of the 2514 property. That means it would be far from Ms. Stadler's view. Board Member Szabo made a motion, seconded by Board Member Catalano, to recommend approval of a variance request at 2501 Ballard Road with all 7 conditions, but with the times in the 5th condition changed to 7:00 am to 12:00 am. Cases # 13-024-V — 2600 S. Des Plaines River Road 13-036-V — 877 Elmhurst Road 13-037-V — 2501 Ballard Road July 30, 2013 Page 10 Board Member Szabo made a final comment that illuminated signs have existed on that property for many years. Countryside started off as a small location, but has grown to become a vibrant and important restaurant in the community. AYES: Catalano, Szabo, Saletnik, Seegers NAYES: Hofherr, Schell, Porada ***MOTION CARRIED**** The meeting was ended by a unanimous voice vote at 8:14 pm.