Meeting Agenda. 1. Call to Order/Roll Call 2. Pledge of Allegiance

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1 Village of Lincolnwood Zoning Board of Appeals Meeting Wednesday, March 15, :00 P.M. in the Council Chambers Room Lincolnwood Village Hall North Lincoln Avenue 1. Call to Order/Roll Call 2. Pledge of Allegiance Meeting Agenda 3. Approval of Minutes May 18, 2016 Meeting Minutes 4. Case #ZB-01-17: Public Hearing: 3944 West Touhy Avenue Wall Signs Variations Request: Consideration of a request by Damien Kardaras, Property Owner, for Variations to permit two new wall signs on the east façade of the building at 3944 West Touhy Avenue. The requested Variations are: 1) to allow two wall signs on a facade where a wall sign is not permitted and to exceed the maximum number of signs on one wall; 2) to allow a wall sign that is not located within a permitted signable wall area; and 3) to allow a wall sign that exceeds the maximum permissible height. 5. Case #ZB-02-17: Public Hearing: 3500 West Arthur Avenue Residential Special Fence Request and Variations for Natural Screening Height And Deck Setback Request: Consideration of a request by Steven Macklin of Fleck s Landscaping, on behalf of The Hartman Family Trust, Property Owner, to allow a Special Fence on the property and in the public right-of-way and a new deck in the Rear Yard. The requested zoning relief is: 1) Special Fence approval for Natural Screening in the public right-of-way; 2) a Variation to permit Natural Screening in the Front and Corner Side Setbacks that exceeds the maximum permitted height; and 3) a Variation to permit a deck less than the required Minimum Rear Setback. 6. Next Meeting 7. Public Comment 8. Adjournment

2 DRAFT MEETING MINUTES OF THE ZONING BOARD OF APPEALS MAY 18, :00 P.M. LINCOLNWOOD VILLAGE HALL COUNCIL CHAMBERS 6900 NORTH LINCOLN AVENUE LINCOLNWOOD, ILLINOIS MEMBERS PRESENT: Chairman Herbert Theisen Paul Grant Jean Ikezoe-Halevi Martina Keller Christopher Nickell Kathy O Brien Kirill Vorobeychik MEMBERS ABSENT: STAFF PRESENT: Aaron N. Cook, AICP, Community Development Manager I. Call to Order II. Pledge of Allegiance Chairman Theisen noted a quorum of seven members and called the meeting to order at 7:05 p.m. III. Approval of Minutes Motion to approve the March 16, 2016 meeting minutes was made by Commissioner O Brien and seconded by Commissioner Grant. Aye: O Brien, Grant, Ikezoe-Halevi, Keller, Nickell, Vorobeychik, and Theisen Nay: None Motion Approved: 7-0 IV. Case #ZB-04-16: Public Hearing 6440 North Leroy Avenue Residential Building Setback Variations Chairman Theisen announced Case #ZB for consideration for Variations associated with a second floor addition to the existing single family structure to allow a new two-story addition to encroach into the required 25- foot front yard setback and to allow a second floor addition to match the existing nonconforming first floor to encroach into the required 7.5-foot side yard setback. Chairman Theisen swore in the Petitioner, Mr. Florin Cimpean.

3 Village of Lincolnwood Zoning Board of Appeals Minutes May 18, 2016 Development Manager Cook stated that this request is for an encroachment into the required front yard setback for the purpose of a second floor addition above an existing garage. The Zoning Code requires a minimum front yard setback of 25 feet, and the proposed addition is to match the existing setback of the garage which is at 24 feet 11 inches; an encroachment of one inch. There was one letter of objection from Wayne and Roselyn Chernow. The majority of Chernow s concerns relates to the requested Minor Variation. The ZBA does not review Minor Variations; these requests are reviewed by the Development Manager. The Minor Variation request is for the side yard addition. Mr. Cook outlined the Minor Variation process as well as the differences between the Minor and Major Variation process. There are six Variation request types that do not require a full public hearing before the Zoning Board and a recommendation from the Village Board. These residential only request types are allowed to go through a modified process which are approved by the Development Manager. If the Development Manager s decision is appealed, the request would come back to the Zoning Board for review. The two-story addition is proposed to match the existing nonconforming structure at five feet six inches from the south lot line. The Zoning Code requires a minimum side yard setback of seven feet six inches. The site plan, elevations, and floor plans were presented for review. Mr. Cook also reviewed the Standards for Granting Relief with special emphasis on the Sections applicable to this request. Mr. Cimpean said the Variation is required to keep the integrity of the property. They are new residents to Lincolnwood and would like to improve their property. Mr. Cimpean stated they were not aware of the front yard setback requirement when the plans were created, and changing the plans would cause a monetary hardship. Mr. Cimpean stated he was aware of the Chernow s concerns and does not want to cause harm to any of their neighbors but believes that this addition would not affect their property negatively. Mr. Wayne Chernow, 6430 Leroy Avenue, addressed the Zoning Board that this addition would impact their property in a significant way. Their one-story ranch home has a small patio in their backyard and do not want to look at a two-story brick wall which will be two feet closer to their property. Mr. Chernow objected to the Major Variation as well. Chairman Theisen asked if there was anyone in the audience who would like to address the Zoning Board regarding this Public Hearing. Let the record state no one came forward. Motion to approve the Front Yard Setback Variation was made by Commissioner O Brien and seconded by Commissioner Nickell. Aye: O Brien, Nickell, Ikezoe-Halevi, Keller, Vorobeychik, and Theisen Nay: Grant Motion Approved: 6-1 V. Case #ZB-05-16: Public Hearing 6540 North Lincoln Avenue Wall Sign Variation Chairman Theisen announced Case #ZB for consideration to allow two new wall signs for a total of five wall signs on a corner lot where a maximum of two wall signs are allowed. Chairman Theisen swore in the Petitioner Mr. John Allen, on behalf of NBRE Healthcare. Development Manager Cook stated this request is for consideration for a wall sign Variation to exceed the maximum number of wall signs. The Zoning Code allows a maximum of one wall sign per street frontage. The property is on a corner lot and is allowed two wall signs. A Variation was granted in 2013 allowing three wall signs. They are seeking to add two additional wall signs for a total of five wall signs. The proposed signs are for the Advocate Medical Group and the Illinois Bone & Joint Institute. The first proposed sign for the Advocate Medical Group will be added to the south elevation below the existing sign for the Illinois Bone & Page 2 of 4

4 Village of Lincolnwood Zoning Board of Appeals Minutes May 18, 2016 Joint Institute. The second proposed sign is combined sign above a secondary entrance on the west elevation facing the parking lot. This sign is proposed to be 60-square feet in area; the Code allows a maximum of ten square feet. The Standards for Granting Relief were presented for review with specific emphasis on the Sections applicable to this request. Staff did receive a phone call from a nearby resident indicating concern over light pollution and that the signs should be on a timer. Mr. Allen said the signs would only be illuminated from 5:00 p.m. to 10:00 p.m. Mr. Allen indicated the hardship is actually on their users. Mr. Allen stated that there has been some confusion from their customers as to where the entrance is located from the back parking lot. A secondary sign over the entrance in the parking lot announces the entrance into the facility. A two-tenant sign could not fit on ten-square feet of signage. There was discussion regarding the hardship to the Petitioner if this request was not granted and also if the existing signs would be transferrable to another owner or if an additional tenant occupied the building wanted their own signage. Mr. Allen inquired whether they could seek approval for one sign. Mr. Cook replied that the ZBA could vote on approval of only one of the signs if that is their preference. Mr. Allen indicated that it would be their preference to seek sign approval for the secondary entrance on the west elevation. There was discussion as to whether to allow more signage in the future, including signs that are exempt from the Zoning Code, i.e. directional signage, Mr. Cook stated that the recommended motion could contain explicit language excluding any additional signage. Mr. Allen agreed that no other signage would be sought in the future. Commissioners O Brien and Nickell feel that the signage over the secondary entrance could be better served with a smaller sign or a canopy over the entrance. Commissioner Nickell felt that the proposed sign below the existing Illinois Bone & Joint sign would better serve their signage needs. Additionally, Commissioner Nickell felt they could install an entrance sign that is code compliant. Commissioners Keller and O Brien agreed with Commissioner Nickell. Chairman Theisen asked if there was anyone in the audience who would like to address the Zoning Board regarding this Public Hearing. Let the record state no one came forward. Motion to deny the 60-square-foot secondary entrance sign facing the parking lot (Sign 1) was made by Commissioner O Brien and seconded by Commissioner Nickell. Aye: O Brien, Nickell, Grant, Ikezoe-Halevi, Keller, and Theisen Nay: None Motion Approved: 6-0 Motion to approve the Advocate Medical Group sign facing Hamlin Avenue (Sign 2) was made by Commissioner Nickell and seconded by Commissioner Keller. Aye: Nickell, Keller, Grant, Ikezoe-Halevi, and Theisen Nay: O Brien Motion Approved: 5-1 VI. Other Business Commissioner Ikezoe-Halevi asked Mr. Cook to explain why some recent recommendations made by the Zoning Board have been reversed, specifically Lou Malnati s, the Mobil Sign Variation, and the Off-Street Parking Variation for 7370 North Cicero Avenue. Development Manager Cook explained that Malnati s made Page 3 of 4

5 Village of Lincolnwood Zoning Board of Appeals Minutes May 18, 2016 significant changes to their original plan. Subsequently, Malnati s did receive approval from the Plan Commission. For the dental office at 7370 North Cicero Avenue, this was a change in the way the Village views and considers parking in front of a building. The Plan Commission and the Village Board adopted a text amendment that off-street parking lots be viewed as a Special Use instead of a Variation. The Mobil sign was a difference in view toward the application. VII. Next Meeting The next meeting of the Zoning Board of Appeals is scheduled for Wednesday, July 20, VIII. Public Comment Chairman Theisen asked if there was anyone in the audience who would like to address the Zoning Board. Let the record state no one came forward. IX. Adjournment Motion to adjourn was made by Commissioner Grant and seconded by Commission Ikezoe-Halevi. Meeting adjourned at 9:00 p.m. Aye: Grant, Ikezoe-Halevi, Keller, Nickell, O Brien, and Theisen Nay: None Motion Approved: 6-0 Respectfully Submitted, Kathryn M. Kasprzyk Community Development Coordinator Page 4 of 4

6 Zoning Board of Appeals Staff Report Case #ZB March 15, 2017 Subject Property: 3944 West Touhy Avenue Zoning District: B-2, General Business Petitioner: Damien Kardaras, Property Owner of the three-tenant building at West Touhy Avenue Requested Action: Variations for two proposed wall signs, including: 1) to allow two wall signs that are not located on a street frontage and do not face a street, but are visible from that street and exceed the maximum permissible number of wall signs on one wall; 2) to allow a wall sign that that is not located within a permitted signable wall area; and 3) to allow a wall sign that exceeds the maximum permissible height, as it is above the bottom of the sills of the second floor windows. Nature of Request: The Petitioner seeks Variations in order to permit two new wall signs on the east façade of the building to assist in the identification of Chroma Beauty Salon & Aveda Spa located at 3944 West Touhy Avenue. Notification: Notice was published in the Lincolnwood Review on February 23, 2017, a Public Hearing Sign Installed at 3944 West Touhy Avenue, and Legal Notices were mailed on February 23, 2017 to properties within 250 Feet. Summary of Request Chroma Beauty Salon & Aveda Spa ( Chroma ) is seeking approval to install two wall signs on the east building facade at 6677 North Lincoln Avenue. Chroma is requesting this approval to attempt to remedy ongoing issues with the visibility of their sole business identification signage, which is located on an awning on the front (south facing toward Touhy Avenue) façade of the building. Awning signage was approved in 2012 for both Chroma and the

7 3944 West Touhy Avenue March 15, 2017 adjacent business in the same building and partially funded as part of a Property Enhancement Program grant from the Village. The Petitioner believes the location of the existing sign, the presence of street trees and other visual clutter in the parkway, and the speed of traffic on Touhy Avenue all combine to make the sign difficult to see, in turn making the business difficult to find. The Petitioner is requesting two separate signs of approximately 16 (Aveda sign) and 27 (Chroma sign) in height in order to provide appropriate visibility for the proposed wall signs. Requested Variations Sign Location & Number Section 11.04(2)(i) of the Zoning Code permits a maximum of one wall sign per street frontage per business establishment, with four specific exceptions. One of those exceptions, in Section 11.04(2)(i)(2), allows that The Zoning Officer may authorize one wall sign on walls not facing a street, provided the wall is adjacent to nonresidential property and is not visible from the street. The two signs proposed in this request are on the east façade of the building which does not face a street and is adjacent to (nonresidential) commercial property. However, the wall on which the proposed signs would be installed Proposed Signs is visible from Touhy Avenue. In fact, the visibility of the wall from that adjacent arterial roadway is the precise reason the Petitioner is seeking approval for these signs. Finally, the request for two wall signs (separated by an architectural band) exceeds the maximum number of signs permitted on one wall in the exception in Section 11.04(2)(i)(2). Signable Wall Area Section 11.04(2)(2) of the Zoning Code states that Each wall sign shall be located within a permitted signable wall area. The vertical dimensions of such signable wall area shall not exceed six feet. Signable wall area shall not extend... beyond the premises of a particular business establishment all of which is depicted in the attached illustration from Section 11.08(18). Signable wall area is further described in the definitions section of the Zoning Code as follows: The area within a rectangle which encompasses a continuous portion of a building façade, unbroken by windows, doors or major architectural interruptions of the building surface. The attached illustration makes it clear that signable wall area does not extend beyond a tenant space. Chroma is a business located only on the first floor of this building, so the signable wall area would not extend above the horizontal 2 nd floor Signable Wall Area (5.5 tall) 1 st floor Height = 14 2

8 3944 West Touhy Avenue March 15, 2017 architectural band, as it designates the approximate location of the separation between the first and second floors of the building. Therefore, the Chroma sign is not located in a permitted signable wall area. The Aveda sign could be interpreted as being located in a part of the wall without a signable wall area since the area below the architectural band has a greater vertical dimension than the maximum permitted six-foot measurement. However, it should be noted the entire east façade below the architectural band is similar to a signable wall area for the first floor tenant space. It should also be noted that while the Chroma sign is clearly outside of the signable wall area for the salon, the sign area and location of the sign would be permissible in the second floor signable wall area if the salon occupied that second floor space. Therefore, an argument could be made for both signs being appropriate in size, despite their locations outside of permitted signable wall areas. Sign Height The maximum permissible height of a wall sign is regulated in Section 11.04(2)(v) of the Zoning Code, which states The maximum height of a wall sign shall be 30 feet from finished grade or the bottom sills of any second floor windows, whichever is less. The Chroma sign, the higher of the two proposed signs, is approximately 18 feet above grade at its highest point. However, it is also located above the bottom sill of the adjacent second floor window as illustrated in the attached photo simulation. As a result, the Chroma sign does not comply with the permitted maximum sign height in the Zoning Code. Related Variation Requests Considered since North Lincoln Avenue (Airoom) In 2012, Airoom proposed multiple sign Variations, including requests to exceed the maximum of one wall sign per frontage, permit a sign to be located beyond the permitted signable wall area, and permit a wall sign to exceed the maximum height above grade. The two signs being requested were both to be located on the west façade of the building tower and were intended to be viewed from Lincoln Avenue. Similar to the Chroma request, two signs were proposed on the same façade wall and the need for a Variation with regard to height was related to the signs being above the bottom sills of the second floor windows. Through an initial recommendation to the Village Board, followed by a second recommendation (after the matter was remanded back to the ZBA), the ZBA was consistent in recommending approval of the Variation to add a second sign on one façade and to permit the signs to be higher than the maximum permitted height. The ZBA did not, however, recommend approval of the request to locate the sign beyond the permitted signable wall area. The Village Board ultimately approved all of the Sign Variation requests and the signs were installed North Lincoln Avenue (US Bank building) In 2014, US Bank replaced Charter Bank in the building at 6677 North Lincoln Avenue. This change in branding required a change in the existing wall sign on the building. The Charter Bank sign had been granted a Variation in 2004 for its location, which was not in a permitted signable wall area, as it was located in an area constructed entirely of windows without a continuous façade. In effect, similar to the proposed Aveda sign, the US Bank sign (preceded by the Charter Bank sign) was located on a portion of the building which did not include a signable wall area. Like the Charter Bank sign before it, the Variation for the signable wall area proposed for the US bank sign was recommended unanimously by the ZBA, approved by the Village Board, and later installed. 3

9 3944 West Touhy Avenue March 15, North Lincoln Avenue In 2016, MBRE Healthcare, owner of a building housing Illinois Bone & Joint and an Advocate Medical Group facility at 6540 North Lincoln Avenue, requested to add to their previously-permitted Variations that had allowed two wall signs on the Lincoln Avenue façade of the building. The total proposed signage for the building in both the original 2013 Variation requests and the new 2016 requests included Illinois Bone & Joint and Advocate signs on each of two facades (Lincoln Avenue and Hamlin Avenue), along with a sign announcing both businesses above the rear entrance to the building. The lack of visibility of the Lincoln Avenue wall signage for northbound travelers on Lincoln Avenue was the crux of the proposal for additional signage on Hamlin Avenue. The ZBA unanimously recommended the additional signage request, which was subsequently approved by the Village Board. The signs were installed last year. Conclusion The Petitioner seeks Sign Variations to allow two wall signs on the east façade of the building housing the Chroma Beauty Salon & Aveda Spa at 3944 West Touhy Avenue. Staff has received no phone calls or s as a result of the public notice mailing. Documents Attached 1. Zoning Variation Application and Variation Standards 2. Proof of Ownership 3. Pertinent Code Sections 4. Plat of Survey 5. Sign Specifications and Rendering 6. Site Photos 4

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23 Zoning Board of Appeals Staff Report Case #ZB March 15, 2017 Subject Property: 3500 West Arthur Avenue Zoning District: R-3, Residential Petitioner: Steven Macklin of Fleck s Landscaping, on behalf of The Hartman Family Trust, Property Owner Requested Action: Special Fence Approval and Variations to allow Natural Screening within the North St. Louis Avenue and West Arthur Avenue public rights-of-way, of a height in excess of 30 inches (30 ) in the Front Yard and in excess of four feet (4 ) in the Corner Lot Side Yard; and a Variation to permit a deck in a residential district that is located less than the required minimum thirty-foot (30 ) Rear Setback Nature of Request: The Petitioner seeks Special Fence approval and Variations to allow Natural Screening in the designated Front Yard, Corner Lot Side Yard, and in the public rights-of-way and to permit a deck in the rear setback all at 3500 West Arthur Avenue. Notification: Notice was published in the Lincolnwood Review on February 23, 2017, a Public Hearing Sign installed at 3500 West Arthur Avenue, and Legal Notices were mailed on February 23, 2017 to Properties within 250 Feet. Summary of Request The owner of 3500 West Arthur Avenue is seeking zoning relief for two proposed improvements (see attached plans) to their property: 1) Installation of an eight-foot-tall (at the time of planting) Arborvitae hedge extending from the Front Yard of the St. Louis Avenue façade of the house out into the public right-of-way and then south within the St. Louis

24 3500 West Arthur Avenue March 15, 2017 Avenue right-of-way, as well as in the Corner Lot Side Yard and a portion of the Arthur Avenue right-of-way at the west end of the property; and 2) Installation of a new deck, approximately 27 inches in height from grade, in the same footprint in the Rear Yard as an existing brick patio (to be removed), which is set back five feet from the north and west property lines. The property owner is proposing the Arborvitae Natural Screen to provide a larger, more-usable, semi-private space in the Front Yard, given the lack of green space in the Rear Yard. This front yard space, as proposed, would also include a gas fire pit on the property (not in the right-of-way). The rear deck is proposed as an alternate outdoor space that would provide the opportunity for a more accessible space that does not require movement up and down steps in order to be utilized. It should be noted that there were building additions to this home, which required a five-foot Variation to the Rear Yard building setback on this property, reducing the depth of the Rear Yard from the Code-required 30 feet to 25 feet. The additions and Variation were approved in Requested Relief: Special Fence Approval Section 3.13(8) of the Zoning Code (attached) provides regulations for specific types of fences, including certain Natural Screening. Special Fences are those which have a greater potential than permitted fences to have an adverse impact upon the surrounding neighborhood. This Natural Natural Screening Screen in in right-of-way Proposed Signs same section notes that Special Fences may be appropriate in some locations and inappropriate in other locations. Natural Screening on public rights-of-way, utility easements, or Village property installed and maintained by private individuals at their expense is listed as a type of Special Fence in Section 3.13(8) of the Village Code. The proposal to install a row of eight-foot-tall Arborvitaes (Evergreens) in a hedge in the right-ofway of St. Louis Avenue and in a portion of the right-of-way on Arthur Avenue (at the west end of the property) would allow a Natural Screen that acts as a barrier or boundary for the Front Yard and Rear Yard of the subject property, essentially expanding those yards into the right-of-way. The proposal would curtail the Arborvitae hedge at the intersection of St. Louis Avenue and Arthur Avenue, as well as at the corner of Arthur Avenue and the adjacent alley, thereby providing the required sight triangle (a setback from intersections to maintain visibility for pedestrians and vehicles). Variation for Height of Natural Screening Sections 3.13(20)(a)(ii) and 3.13(12)(c) of the Zoning Code regulate the height of Natural Screening in the Front Yard and Corner Lot Side Yard (inside the lot lines) of a residential property to 30 inches and 4 feet respectively. The proposal is noncompliant with these limitations with regard to the line of eight-foot-tall Arborvitae proposed along the north property line (in the Front Yard) and in a small area at the 2

25 3500 West Arthur Avenue March 15, 2017 southwest corner of the subject property. These rows of Arborvitae are part of a larger Natural Screen that forms a barrier or boundary, on the north and west sides of the property. 30 Max Height 4 Max Height Lot Line Variation for Deck Setback Decks are a permitted obstruction in a required Rear Yard, per Section 3.10 of the Zoning Code. In that section, decks are noted as being permitted in the required Rear Yard, provided they do not exceed the required building setbacks. In the R-3, Zoning District, the required Rear Yard building setback is 30 feet. Although, as previously noted, the approved Rear Yard building setback was reduced by 5 feet through a Variation in The proposed deck would replace an existing brick paver patio in the same dimensions as the patio. The existing five-foot setback from the north and west property lines for the patio would continue for the proposed deck. The existing home is set back 6.49 feet from the north property line. An eight-foot-tall Arborvitae screen would replace the existing deciduous hedge along the north and west side of the patio, providing a more opaque screen for the proposed deck year round. Related Variation Requests Considered since Setback deck setbacks 6620 North Drake Avenue In 2011, the property owner at 6620 North Drake Avenue requested a Variation to permit a deck which did not meet the required 5 2 (ten percent of the lot width) Interior Side Yard building setback. The deck was to be located on the rear of the home and was in compliance with the Rear Yard building setback but was proposed to be sited 3 4 from the property line along the Side Yard. The ZBA noted that the existing house had a setback of 3 10 from the side property line, and unanimously recommended a compromise solution, in which the deck 3

26 3500 West Arthur Avenue March 15, 2017 would be permitted to maintain the same 3 10 setback that the existing house enjoyed. The Village Board agreed with the ZBA recommendation and approved the Variance to permit a 3 10 Side Yard setback West Albion Avenue In December, 2015, the property owner at 3455 West Albion Avenue requested several Variations related to a residential building addition proposed to encroach into the required Side Yard setback. One request was to permit a new deck in the Side Yard setback. Decks are not permitted obstructions within any required Yards, with the exception of the Rear Yard. So, the property owner s request for the proposed deck required a Variation to allow a deck in a Side Yard, as well as a request to permit the deck to be set back 2 11 from the side property line, consistent with the Side Yard setback of the existing home. The Village Board concurred with the ZBA findings and approved the Variance permitting a deck in a Side Yard and allowing a reduced Side Yard setback of There have been no requests heard by the ZBA for a Special Fence in the public right-of-way since Conclusion The Petitioner seeks Special Fence approval and Variations to allow an eight-foot-tall Natural Screen to enclose part of the Front Yard, Corner Lot Side Yard, and parts of two public rightsof-way. In addition, a Variation is sought to permit a deck to encroach upon the required setback of thirty feet in the Rear Yard. All requests are for the residential property at 3500 West Arthur Avenue. Staff has received no phone calls or s as a result of the public notice mailing. Please note that in addition to the Petitioner s Responses to the attached Variation Standards, the ZBA should consider the attached Documents Attached 1. Zoning Variation Application and Variation Standards 2. Village Code Section 3.13(25) Special Fences Standards/Responses 3. Proof of Ownership 4. Applicant Request Letter 5. Pertinent Village Code Sections 6. Plat of Survey 7. Site and Deck Plans 8. Landscape Plan 9. Photos of Subject Property 4

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