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08/16/2010August 16, 2010 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Rosenthal in the Council Chambers of the Village Hall on Monday August 16, 2010 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Alan Farkas Thomas Jester Mary Oppenheim William Seiden Barbara Struthers Absent: Robert Benton and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Bobby Doebler from Boy Scout Troop 50 and members of Boy Scout Troop 150 led those in attendance in reciting the Pledge of Allegiance. The scouts are all working toward their Citizenship in the Community merit badge. MINUTES OF PREVIOUS MEETING Trustee Seiden made a motion to approve the minutes from the August 2, 2010 Board of Trustees meeting. Trustee Farkas seconded the motion. Trustee Jester made a correction. The motion passed unanimously. BILLS AND PAYROLL Trustee Oppenheim made a motion to approve the Bills and Payroll dated August 16, 2010. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) PUBLIC COMMENT REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A RESTAURANT FOR ROSEBUD MARKET AND PIZZERIA AT 560 WAUKEGAN ROAD There was no Public Comment. REPORTS The Plan Commission held a Public Hearing on August 12, 2010 to consider the request for a Special Use to permit the establishment of a restaurant for Rosebud Market and Pizzeria at 560 Waukegan Road. The Plan Commission voted 5 -0 in favor of the recommendation. 1 1 r_� 1 Board of Trustees Meeting August 16, 2010 Page 2 of 6 REPORT AND RECOMMENDATION OF THE VILLAGE CENTER DEVELOPMENT COMMISSION RE: REQUEST FOR A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A RESTAURANT FOR ROSEBUD MARKET AND PIZZERIA AT 560 WAUKEGAN ROAD The Village Center Development Commission held a Workshop Meeting on July 7, 2010 to consider the request for a Special Use to permit the establishment of a restaurant for Rosebud Market and Pizzeria at 560 Waukegan Road. The Commission voted 6 -0 in favor of the recommendation. Mark Knauer from Knauer Architects Inc. and Nancy Krause from Rosebud Market and Pizzeria were present. Mr. Knauer discussed the site plan, stating they are proposing keeping the fagade similar to the former Baker's Square fagade, but they would repair the stucco and paint the building red. They propose adding an awning valance around the building, painting the green window frames black and generally redecorating and repairing the building. Mr. Knauer stated they want to make the building appear as close to new as makes economic sense. He noted they would also add plantings in front of the building. Mr. Knauer stated they propose a new sign package which includes a monument sign in lieu of a pole sign. The signs would be similar in size and construction to the Deerfield High School sign, but the sign would be black with gold leaf trim. Mr. Knauer stated one issue they are facing is the screening and buffering. He is convinced the screening and buffering to the west is not an issue and would work with the neighbors to the southwest with a buffer. Mr. Knauer stated the only contentious item is the proposed marquee lighting, which he has used successfully in the past. They propose having 210 feet of lighting with five watt lamps at 12 inches on center. Mr. Knauer stated the lamps would be incandescent lamps with an 8000 hour life, and proper maintenance would take place. Mr. Knauer stated the other concern was setting a precedent within the community. He has not observed this elsewhere, as this lighting is not appropriate for every architectural vernacular. Mayor Rosenthal noted that neighbors have expressed concern about parking on Central Avenue. The parking counts seem to be within the guidelines of the ordinance. She does not believe Rosebud would have patrons parking on the street and that it is likely Renu Day Spa customers parking on Central. Mayor Rosenthal questioned where the valet parking would be located. Mr. Knauer responded that they do not foresee valet parking will be required in the beginning, but on peak nights where valet will be required, they will work within the ordinance. Mr. Knauer acknowledged that parking spaces cannot be coned off for valet parking, but he does not have offsite valet parking plans at this time. He will work with the Village when it is needed. Mr. Knauer feels the existing parking is adequate for their needs. Mayor Rosenthal strongly recommends that when valet parking is needed, it be complimentary. She believes that will be good for the restaurant and will promote good will in the community. Mayor Rosenthal raised the request for screening to the southwest for residents of Coromandel. Mr. Knauer explained they have agreed to install the requested fencing, but they do not have a specific plan at this point. Trustee Seiden mentioned that the Plan Commission suggested the petitioner meet with the residents, but the meeting has not yet taken place. Board of Trustees Meeting August 16, 2010 Page 3 of 6 Mr. Street noted the petitioner would need to have specific information on the fencing before the Second Reading of the Ordinance. Trustee Oppenheim noted much of the site line impact to Coromandel is not from the restaurant; rather, it is the fire department. She believes any fencing, along with the trees, will be more than sufficient. ROSEBUD MARKET AND PIZZERIA The Appearance Review Commission reviewed the APPEAL OF THE APPERANCE exterior improvements for Rosebud Market and REVIEW COMMISSION VOTE ON THE Pizzeria on June 28, 2010 and July 26, 2010. The PROPOSED MARQUEE LIGHTING Appearance Review Commission was not in favor of the proposed marquee lighting with exposed bulbs. Some ARC members believed the marquee lights to be a form of signage, helping to identify the business. To illuminate a sign in the Village, the light source must be concealed, with no glare or exposed light source. The ARC believes the proposed use of marquee lights is not in keeping with the established character of Deerfield's Village Center. The Appearance Review Commission voted 7 -0 against the use of the marquee lighting. ARC member Howard Shachter reported that the Commission had three reservations. First, there is an ordinance prohibiting exposed lighting on signs. Technically, the name Rosebud on the awning is adjacent to the lights, making it appear as an extension of the signage. Second is the maintenance issue. Burned out lighting does not look good. Third is the precedent that will be set with other businesses that want to use exposed lighting in a similar fashion. The Commission did not have a problem with the building aesthetics. The building and lighting is very tasteful. From a literal interpretation, the Commission asked for the Board's opinion, so they have direction on how to handle the potential precedent. Mayor Rosenthal noted the Plan Commission and the VCDC voted to recommend approval of the lighting and the ARC recommends against it. Trustee Oppenheim made a motion to approve the reports and recommendations of the Plan Commission and the Village Center Development Commission for the Special Use for Rosebud Restaurant and Pizzeria at 560 Waukegan Road, including the marquee lighting, as proposed. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) Mr. Knauer thanked the Board and asked if the First Reading of the Ordinance could be waived, acknowledging that several details still need to be resolved. Trustee Farkas noted that Mr. Knauer is experienced in this process, and the Village is excited that Rosebud is coming to this site. He hopes the details come together quickly. Mayor Rosenthal agreed that the Village welcomes Rosebud, but there is a process that needs to be followed, as the Board needs to give the public the opportunity to react to things. REPORT AND RECOMMENDATION Mr. Street reported that at the request of the OF THE BOARD OF ZONING petitioner and at the director of the Mayor and APPEALS RE: COMBINED SIDE YARD Board of Trustees, the Board of Zoning Appeals VARIATION FOR 444 HERMITAGE reconvened a Public Hearing on July 13, 2010 to 1 1 1 Board of Trustees Meeting August 16, 2010 Page 4 of 6 reconsider the request of Dr. William Miller for a combined side yard variation for the property located at 444 Hermitage. The Plan Commission voted 5 -2 in favor of recommending the variation be granted, with the restriction that the existing garage and proposed addition be limited to one story. Bob Speckmann, Chairman of the Board of Zoning Appeals, explained that the majority of the BZA members felt the standards for the variation have been met, as there was a new ordinance imposed on something that was previously allowed. Trustee Struthers noted that when the Residential Redevelopment Task Force discussed this, they found that non - conforming lots should be made conforming with any new construction. She does not view this as a hardship case. There is a legal, reasonable solution. Trustee Struthers noted the problem is temporary. Children will have vehicles there for a short time and then will move out after a time. The garage, however, will be there for as long as the house stands. Because there is no hardship, and it is a temporary situation and permanent solution, she would not support the petition. Ch. Speckmann noted the BZA felt there was a hardship, and there would still be enough separation for light and ventilation. He noted the petitioner could build a separate, two -car garage that would have substantial impact to both the property and neighbors, without a variance. Ch. Speckmann noted that the proposed addition could have a positive effect on drainage while the separate garage may have a negative effect. Trustee Seiden thanked the BZA members for their hard work, but he does not agree with their conclusion. The existing zoning restrictions should have been considered when the property was purchased. Most residents are more than satisfied with the results from the Task Force. Residents of Poets Corner did petition for no change, and the Task Force took that into consideration, adding that the changes were put in place for all residents. Trustee Seiden believes the governing consideration is whether the garage can be built on an alternate site on the property. The ordinance is clear, and a neighbor is asking for the ordinance to be upheld. A two -car garage can be put on an alternate location on the property, and in his view, this particular case is a personal hardship, not a hardship. If the variation is granted, the Board is not being fair to Dr. Miller's neighbor. Trustee Farkas believes both Trustee Struthers and Trustee Seiden made some good points, but Ch. Speckmann and the Board of Zoning Appeals have a well articulated position as well. Based on the criteria, he believes there is justification for the variance. Trustee Farkas believes the rules need to be interpreted in ways that make sense. He does not want to do something less desirable for the property and the trees and feels the variation request should be supported. Trustee Jester stated this property is not a tear down; rather, it is an improvement to a home that would be consistent with the character of the neighborhood. The Tear Down Task Force wanted to keep things consistent to the way things are. He believes that the impact of the request on the surrounding properties, trees and character of neighborhood would be less if the variation were granted. Trustee Oppenheim believes Poets Corner is a unique neighborhood. She believes granting the variance would be beneficial to the petitioner and to the character of the neighborhood. Mary Ehlers, 1650 Tall Tree, spoke on behalf of the occupant of 450 Hermitage, Lorrraine Larson, who will be most affected by the variation. He said that Trustees Struthers and Seiden described his Board of Trustees Meeting August 16, 2010 Page 5 of 6 point of view and that of Mrs. Larson. He questioned why the Board would approve the request, as it is based on personal privilege. Mr. Ehlers believes this is an attack on the integrity of the ordinance. If the variance is granted, the Board is leaving the door open for others to create awkward circumstances. He does not believe that is a good basis to make decisions. Dr. William Miller, 444 Hermitage, noted that he went back to the Board of Zoning Appeals and presented his case again, as requested. They voted 5 -2 in favor of sending a favorable recommendation to the Mayor and Board of Trustees. He does not believe his request is a matter of convenience and hopes the Board agrees with the BZA recommendation. Trustee Farkas does not believe this is a matter of personal convenience. He believes the ordinance is clear and offers some flexibility. Trustee Farkas believes Dr. Miller has a legitimate concern. He does not believe this will set a precedent. Trustee Oppenheim made a motion to accept the report and recommendation of the Board of Zoning Appeals and grant the variation for the property at 444 Hermitage. Trustee Farkas seconded the motion. The motion did not pass by the following vote: AYES: Farkas, Jester, Oppenheim (3) NAYS: Seiden, Struthers, Rosenthal (3) As four votes are required for approval, the variation request was denied. Mr. Coblentz noted that a request to reconsider the matter could be made at the next meeting. Dr. Miller asked what would happen now. Mayor Rosenthal noted that trustees could request reconsideration at the next meeting. Village Attorney Coblentz will verify with the Municipal Code who may make such a request. CONSENT AGENDA ORDINANCE 0 -10 -25 GRANTING A An ordinance granting a front yard variation for FRONT YARD VARIATION FOR 160 160 Millstone. Second Reading. MILLSTONE — 2R Trustee Oppenheim made a motion to accept the Consent Agenda and adopt the ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) OLD BUSINESS There was no Old Business. NEW BUSINESS AUTHORIZATION TO AWARD BID Brad Fink, Assistant Director of Public Works, FOR ONE NEW 2011 36,220 GVWR reported that three sealed bids were DUMP TRUCK WITH PLOW AND publicly opened on July 7, 2010. The new vehicle SPREADER would replace a similar 2001 vehicle. Chicago Board of Trustees Meeting August 16, 2010 Page 6 of 6 International provided the lowest net bid in the amount of $99,500. Chicago International was the lowest bidder last year for a similar truck, and staff is satisfied with the truck. Mr. Fink noted these trucks see very heavy use with snowplowing, sewer repairs and water main breaks throughout the winter. Trustee Seiden made a motion to award the contract for one new 2011 36,220 GVWR dump truck with plow and spreader to Chicago International in a net amount not to exceed $99,500 including the trade - in. Trustee Struthers seconded the motion. Trustee Farkas asked if anyone determined whether other manufacturers or models were better. Mr. Fink explained they were comfortable with this vehicle. The motion passed by the following vote: AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden invited residents to bring their questions to the Farmer's Market for Trustees in the Town. Trustees Farkas and Seiden will be there from 9:00 am to noon. He noted this Saturday is also Ribfest at the Farmer's Market. CHIEF MIKE SHANAHAN AWARD Mayor Rosenthal mentioned that last year, the Police Department received the Chief Mike Shanahan Award for exceptional work for public and private cooperation. This year, the award was given to the Philadelphia Police Department. She noted that previous award recipients include New York and Toronto. She believes it speaks very well for the Deerfield Police Department. NEXT MEETING Mr. Street noted that in observance of the Labor Day holiday, the next Board meeting is scheduled for Tuesday, September 7 at 7:30 p.m. ADJOURNMENT There being no further business or discussion, the meeting was adjourned at 8 :38 PM. APPROVED: Mayor ATTEST: llage Clerk