ZONING BOARD OF APPEALS Park Ridge, Illinois. Regular Meeting Thursday, November 29, 2007 City Council Chambers

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1 CITY CITY COUNCIL COUNCIL ACTION ACTION REQUIRED REQUIRED ZONING BOARD OF APPEALS Park Ridge, Illinois Regular Meeting Thursday, November 29, 2007 City Council Chambers Chairman Tennes called the meeting to order at 7:30 p.m. A. ROLL CALL Present Ann Tennes, Chairman Anita Bloom Alice Borzym-Kuczynski Kurt Prinz Joe Sweeney Gary Zimmerman Staff Randy Derifield Tom Hoff Carolyn Lombardo Absent Atul Karkanis Others Present Approximately 5 citizens Chairman Tennes called the meeting to order, thanked everyone for coming and acknowledged former Chairman Nick Honcharuk in attendance. Since the minutes were not included in the packet, the Board decided to defer the approval of the minutes until after the case so all Board members would have an opportunity to review them. B. APPROVAL OF MINUTES September 27, 2007 K. Prinz made a motion to approve the minutes of the September 27, 2007, Zoning Board of Appeals meeting and was seconded by A. Kuczynski, with the following changes: Mr. Sweeney stated that the Findings of Fact, page one, paragraph one and paragraph four should state September 27, 2007, not September 28, Chairman Tennes requested a sentence be added to the second paragraph on page three reflecting that Mr. Bono s written credentials were reviewed by the Board. 1

2 Ms. Bloom stated the second paragraph on page six seemed contradictory. Mr. Derifield explained that this Board does not have rule making authority and the Procedures and Regulations Committee is considering the issue of an applicant submitting an affidavit stating a vague description of their disability so it can be decided if it is defined under the American Disabilities Act (ADA). The Committee is also reviewing compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPPA). Discussion was had regarding if the disability needs to be disclosed, since this is a public hearing and the applications are public knowledge. Mr. Derifield advised that the decision needs to be made by someone if the disability qualifies under the ADA. It was agreed that the phrase should state, in a manner consistent with HIPAA requirements, should be added to the end of the first sentence in the second paragraph, page 6 and the second sentence should be deleted. Vote on the motion was as follows: AYES 5 Ms. Tennes, Ms. Bloom, Ms. Kuczynski, Mr. Prinz, Mr. Sweeney NAYS 0 None ABSENT 1 Mr. Karkhanis ABSTAIN 1 Mr. Zimmerman C. ZONING APPEALS None D. VARIANCES 1. ZONING CASE NUMBER: V-07-14: 532 Busse Highway Applicant Kim Bukovsky from American Sign & Lighting Company is requesting a variance for owners Daniel and Katherine Kava to allow the installation of a ground sign two feet from the property line. The request is in conflict with Section 14.6.B.2 of the Zoning Ordinance of the City of Park Ridge, which requires a setback of 10 feet from the property line. The subject property is zoned B-3 General Commercial, Wholesale and Service District. It is located on the southwest side of Busse Highway, opposite the building occupied by Chemlawn. This variance would allow a ground sign to be located less than the minimum setback of 10 feet from the front property line. Other businesses along the southwest side of Busse Highway have similar signs that were permitted by the prior Zoning Ordinance. These signs are considered legal non-conforming. The following exhibits were entered into the record: 1. Application 2. Statement in Support for Requested Variance 3. Proof of Ownership 4. Disclosure Statement 5. Site Location Map and List of Neighboring Property Owners a. Site Location Map b. Designation of Zoning Districts c. List of Neighboring Property Owners 2

3 6. Plat of Survey 7. Plans and Documents a. Site Plan b. Building Elevations/Floor Plans 8. Mailing Notice Requirements a. City s Affidavit b. Applicant s Affidavit 9. Legal Notice Published in Park Edge Herald-Advocate November 8, Posting of Zoning Hearing Sign 11. Notice of Appearance by City of Park Ridge Kim Bukovsky, American Sign & Lighting, addressed the Board stating their request for a variance for a ground monument sign to be installed two feet from the property line. She stated that they applied for a sign in July They were denied in August of 2007 during the administrative review process based on the setback. The sign would be a double-face illuminated monument sign conforming to the Zoning Ordinance, except for the setback. The proposed sign would be seven feet four inches high by five feet wide, which is permitted. In accordance the Zoning Ordinance, Section 14.6.B.2, all monument signs shall be setback a minimum of ten feet from the property line. The existing building is setback 9.38 feet from the property line and there is no area or space to place the sign at a 10-foot setback. The property owners experience a hardship since there is no place to install a sign, which conforms with the Zoning Ordinance. The building owner is requesting this variance due to the unique circumstance that the Ordinance changed in May of They are asking to place the sign two feet from the property line. As can be seen from the Busse Highway business area, many building have monument signs at their near the front property line. Mr. Zimmerman questioned staff whether the fire department or police department have concerns with the seven-foot high signs. Mr. Hoff stated that the fire/police departments do not review the variance requests so there is no opinion from them. The Board verified the sign conforms to current Ordinance requirements and is an aluminum box design with panels and interior lighting. The current signs on Busse Highway are at the property line; the applicant s request is to install closer to the sidewalk. The Board noted that the existing building was setback slightly more than nine feet from the front property line and the Zoning Ordinance requires a setback of ten feet. It would, therefore, be impossible to install a ground sign, which conforms to the Ordinance. There are other signs with similar setbacks along this side of Busse Highway. The proposed sign would be consistent with these signs and therefore in keeping with the character of the locality. Not allowing a ground sign on this property would create an undue hardship. The Zoning Board of Appeals made findings of fact based on the evidence presented at the public hearing. These findings are attached to and made part of the minutes. A motion was made by A. Bloom, seconded by J. Sweeney, that the Zoning Board of Appeals recommend the City Council approve a variance to Section 14.6.B.2 of the Zoning Ordinance for 3

4 532 Busse Highway, Zoning Case Number V to allow the installation of a ground sign two feet from the property line, subject to the plans presented. Vote on the motion was as follows: AYES 6 Ms. Tennes, Ms. Bloom, Ms. Kuczynski, Mr. Prinz, Mr. Sweeney, Mr. Zimmerman NAYS 0 None ABSENT 1 Mr. Karkhanis COUNCIL ACTION REQUIRED MOVE THE CITY COUNCIL DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE GRANTING A VARIANCE TO SECTION 14.6.B.2 OF THE ZONING ORDINANCE FOR 532 BUSSE HIGHWAY, ZONING CASE NUMBER V TO ALLOW THE INSTALLATION OF A GROUND SIGN TWO FEET FROM THE PROPERTY LINE, SUBJECT TO THE PLANS PRESENTED. E. OTHER ITEMS FOR DISCUSSION - None Chairman Tennes reviewed the Zoning Board of Appeals schedule for Since this was the last board meeting before Mr. Derifield s retirement, the Board presented him with a departing gift. Mr. Derifield thanked the Board stating it was an honor and pleasure to serve this Board. He stated this Board does a wonderful job and the decisions that come from the Board are always professional. He thanked all for their assistance. F. CITIZENS WISHING TO BE HEARD ON NON-AGENDA ITEMS None G. ADJOURNMENT The meeting adjourned at 8:12 p.m. ZONING BOARD OF APPEALS Date Approved Ann E. Tennes, Chairman BEFORE THE ZONING BOARD OF APPEALS 4

5 OF THE CITY OF PARK RIDGE, ILLINOIS In the Matter of ) ) Case No. V Kim Bukovsky ) FINDINGS OF FACT This matter having come before the Board for hearing on the request of Kim Bukovsky, 532 Busse Highway, who requested a variance of the Zoning Ordinance of the City of Park Ridge to allow the installation of a ground sign two feet from the property line, and the Board having held a public hearing as required by law on November 29, 2007, and having heard evidence on the matter, based on the evidence presented, as reflected in the minutes of these proceedings, and for the reasons indicated in the minutes of this Board in this case, The Zoning Board of Appeals finds that the following facts have been established: 1. The subject property is situated in a commercial area of Park Ridge, and ground signs are common along Busse Highway in this area. The subject property has an existing building located less than ten feet from the front property line, which is the required setback for the sign, Therefore, the plight of the owner is due to unique circumstances. 2. Since the subject property has an existing building located less than ten feet from the front property line, the owners are unable to install a ground sign at the required setback of 10 feet. Not approving this variance would result in the owners inability to install a sign for their business, Therefore, the application of the terms of this Zoning Ordinance would result in undue hardship. Highway, 3. The proposed sign is keeping in character with the existing signs on Busse Therefore, the Variance would not have an adverse impact on the locality. The Board recommends approval of the Variance by the City Council, as requested, on the terms and conditions set forth in the minutes of the meeting of November 29, Ann E. Tennes, Chairman Date Approved 5