ZBA Minutes 2007 09-05-07 Pagel of 3 [APPROVED 10/3/07
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, September 5, 2007, 7pm
Council Chambers
Board Members in Attendance:
Jeff Baker, Chairman
Chris Funkhouser
Dean Bromann
Mike Skinner
Ryan Woods
Others In Attendance:
Anna Kurtzman
Thomas & Roxann Sega
At 7:04 the meeting was called to order by Chairman Jeff Baker.
Roll Call:
Roll call was taken and a quorum was established. Ms. Kurtzman stated that Board
Member Ralph Pfister has resigned from the Board effective last week.
Previous Meeting Minutes (Corrections/Approvals): June 6, 2007
On a motion by Skinner and second by Bromann, the minutes of June 6, 2007 were
approved as read. Passed unanimously on a voice vote.
Public Hearings:
Chairman Baker entertained a motion to enter into Public Hearing. Woods moved and
Skinner seconded to enter into Public Hearing. Roll call vote was taken: Bromann-aye,
Skinner-aye, Baker-aye, Funkhouser-aye, Woods-aye. Unanimously approved.
1. ZBA 2007-19 Thomas M. and Roxann J. Sega, petitioners, have filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting
a variance to Section 10-3-5C of the Yorkville Zoning Code to increase the
maximum height of a detached accessory building from 15 feet to 21 feet. The
real property's address is 505 Heustis Street, Yorkville, Illinois, which is located
on the west side of Heustis Street, approximately 80 feet north of Fox Street.
The Sega's were asked to explain their intentions with the variance request. Mrs. Sega
said they wish to replace the existing shed on their property that is ready to fall down.
After searching, they found a plan that fits with their home that was built in 1896. It is a
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barn-like structure and is 21 feet tall with a second story over half of the building. They
later discovered it would be 6 feet higher than what is allowed by ordinance. The plan
also fits with the area that has many historical homes. Mr. Sega added that many of the
existing garages on Heustis are taller than 15 feet and many of those were grandfathered.
When asked by Skinner about the intended use for the second story, the Sega's said they
will use it for storage and construct a workbench in that area. They have not applied for
sewer or water for the garage according to Ms. Kurtzman, but they have applied for the
building permit. Board member Skinner expressed concern about a possible second
dwelling in the upper story, by future owners.
As there was no further discussion in the Public Hearing, a motion was made by Woods
and seconded by Funkhouser, to end the Public Hearing. The motion was approved
unanimously on a roll call vote: Woods-aye, Funkhouser-aye, Baker-aye, Skinner-aye,
Bromann-aye.
Discussion
The Board then entered into discussion regarding this matter. Skinner noted a letter of
support had been received from the Sega's neighbors JoAnn and Douglas Pierce. This
letter will become a permanent attachment to the minutes. Mr. Skinner cautioned that the
Board must be careful in these matters so that permits are not requested for sewer and
water or drains, resulting in the possibility of a second dwelling.
Ms. Kurtzman noted that this Board only makes recommendation and the matter will
proceed to the Council. She added that the standards that allow the Board to make a
recommendation, do not include height restrictions.
Board Member Woods commented that he thought the plan was a good design and fit in
well with the neighborhood. No complaints had been received from any neighbors and
the Fire Department had no objections.
There was no further discussion and Ms. Kurtzmann reviewed the Finding of Fact:
(Standards Paraphrased)
1. ....due to physical surroundings...a hardship would result as opposed to an
inconvenience:
Response: no
2. ...petition for variation based on conditions...are unique to property
Response: yes, applicable to area
3. ...alleged difficulty..caused by this title and not created by any person having an
interest in the property
Response: Alleged difficulty is self-imposed, title is not the cause
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4. ...granting of the variation not detrimental to public welfare...
Response: no
5. ...proposed variation will not impair adequate supply light and air
Response: will not impair, adds to property value
a. Action Item
A motion was made by Mike Skinner to approve ZBA PC 2007-19 and grant the variance
requested to increase the maximum height from 15 feet to 21 feet. It was seconded by
Bromann. A roll call vote was taken: Funkhouser-no, Wood-aye, Skinner-aye,
Bromann-aye, Baker-abstained. Motion passed.
Ms. Kurtzman explained the next steps in the variance request and encouraged the Sega's
to attend the City Council meeting on September 25th when the matter would be
discussed.
Old Business:
None
Additional Business:
Skinner asked if there was any further information on the sign ordinance and there was
none.
The meeting was adjourned on a motion by Woods and second by Bromann. Motion
approved on a voice vote and meeting adjourned at 7:25pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker