ZBA Minutes 2006 06-06-06 Page 1 of 5
PPROVED 7/5/06
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS MEETING
Tuesday,June 6,2006, 7PM
City Conference Room
Board Members in Attendance
Bill Davis Harold Feltz
Dean Bromann Ryan Woods
Ralph Pfister
Other City Staff in Attendance
Anna Kurtzman, ICCI
Guests:
Georgia Krause Kole Georgiefski, Speedway SuperAmerica, Regional Manager
Verne Henme Jan Fiola, Corporate Design Development Group/Speedway
The meeting was called to order at 7:01pm by Chairman Bill Davis. Roll call was taken
and a quorum was established.
Previous Meeting Minutes:
The April 19, 2006 minutes were unanimously approved on a motion and second by
Harold Feltz and Dean Bromann respectively.
Public Hearing:
A motion was made by Ralph Pfister and seconded by Harold Feltz to enter into Public
Hearing PC 2006-39, Marathon Petroleum Company and SpeedWay SuperAmerica. The
property address for SpeedWay is 504 S. Bridge Street
The hearing was for the following variance requests:
1. A decrease from 30 to 15 feet for side yard setbacks
2. A decrease from 30 to 20 feet for side yard setbacks
3. A decrease from 30 to 10 feet for side yard setbacks for canopy structure
4. A decrease from 30 to 25 feet for side yard setback for canopy structure
5. A decrease from 5 to 2.5 feet for setbacks for accessory structures
6. A decrease from 10 to 5 feet for distance from accessory structure to main
building
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Jan Fiola, design consultant for Speedway, gave an overview of the variances they are
requesting. She said 1 or 2 years ago Speedway went underwent the process to raise and
rebuild the facility. At that rime, it was proposed to reorient the entire site to the north
side of the lot and add a new canopy. Since then a new building has been proposed for
the south side of the lot, retaining the existing canopy and re-landscaping the site.
The original building is 800 square feet and the new one would be 2300 square feet. This
would allow for more customer convenience. She said the existing canopy and trash
enclosure would both require variations.
Ms. Fiola presented a drawing of the site and said the new structure would be a split face
exterior with a hip roof, new fascia on the canopy and the entire property would be
modernized.
Ms. Georgia Krause of 504 Bell then spoke. She expressed her concern about trash,
noise, lights and people from Speedway and said that the station has not been 24 hours in
the past. She said that in past meetings,there was a verbal agreement for a six-foot wall
on the east side of the property with pine trees near the wall.
Ms. Krause added that illegal parking on Bell Street is also a problem because drivers
park the wrong way and emergency vehicles could not get through if necessary. She
asked for some serious concessions from Speedway, including having the intercom
volume and lighting both decreased. Ms. Krause said her driveway is often blocked,
however,that should be eliminated with additional parking in front of the store.
Verne Henne then addressed the Board and asked why Speedway was requesting changes
in the setbacks on the other 3 sides of the property. Ms. Kurtzman said the setbacks are
not being changed for what is already in existence. Speedway is acknowledging they
have a non-conforming situation for the canopy and asking that it be recognized for the
present location. This is to assure that if something were to happen to the canopy in the
future,that it could be replaced.
The existing gas tanks will also remain and the top of the proposed building will be lower
than the canopy. The lighting will also remain the same intensity and Ms. Fiola added
that new bulbs become less bright after 90 days. No perimeter lights will be added.
Ms. Fiola explained that the trash enclosure requires a separate variation since it is
considered an accessory building. Ten feet are required between the building and the
enclosure. Since IDOT took part of the corner, the building site will be pushed farther
forward.
The height of the privacy wall was discussed. Ms. Krause asked for the wall to start at a
6-foot height at the southeast corner. A board fence on top of the retaining wall was also
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discussed along with a maintenance agreement for the wall. Mr. Pfister said an example
of such a fence could be seen at the sanitary district.
Ms. Kurtzman then cited a memo from Joe Wywrot in which he stated he did not
recommend granting a setback variation that would allow the main building to be closer
to the sanitary sewer than it presently is. The memo also recommended that any
variations to the setback for Rte. 47 or Fox Street be with respect to future right-of-way
lines rather than existing right of lines. Ms. Fiola said the future building has been
located farther away from that proposed right-of-way line and Speedway has worked very
closely with IDOT in this regard.
Chairman Davis said that he also sees many cars and vendors parked on Bell Street. He
agreed that a fence or wall was needed for privacy and safety as well. Mr. Georgiefski
added that the trash enclosure should help with trash control.
Since there was no more discussion, Ms. Kurtzman recommended closure of this Public
Hearing. She also said that the hearing scheduled for Kimball Hill at this meeting, would
not be held since the petition had been verbally withdrawn.
Mr. Davis asked for a motion to close the Public Hearing for PC 2006-39 for Speedway.
Harold Feltz moved and Ryan Woods seconded a motion to close the hearing. Carried
unanimously.
A motion was requested to open PC2006-40, Kimball Hill. It was moved and seconded
by Ryan Woods and Ralph Pfister respectively and carried unanimously. That hearing
was then immediately closed on a motion and second by Ryan Woods and Dean
Bromann. Unanimously approved.
Old Business:
Ms. Kurtzman said she had spoken with Travis Miller, Community Development
Director, prior to this meeting. Mr. Miller had been in contact with Mr. Harold Oliver
regarding a prior zoning variation request. It was thought that Mr. Oliver would not
pursue his request. Since this decision is not definite, Ms. Kurtzman recommended the
request be carried forward. Ryan Woods and Harold Feltz respectively moved and
seconded to continue PC 2006-12 HRH Properties Cozy Corner Sign Variation. Carried
unanimously.
New Business:
A motion was made by Dean Bromann and seconded by Ralph Pfister to open PC2006-
39-Marathon Petroleum. There were no further concerns so Ms. Kurtzman proceeded
with the Finding of Fact for this matter.
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Finding of Fact: (wording paraphrased)
1. ..due to physical surroundings ofproperty, hardship would result...
Response: yes,hardship would result, petitioner is just trying to conform to existing
canopy. Also,previous location of trash enclosure infringed on IDOT right-of-way and
now has been changed. Mr. Davis also noted he would abstain from voting since he
owns property near the Speedway.
2. —conditions are unique to the property and not applicable to other property..
Response: correct, old lot with established business, size of lot is an issue.
3. ..difficulty not created by any person..
Response: correct,not created by a person, applies to canopy
4...granting of variation will not be detrimental to public welfare..
Response: correct,petitioner has accommodated IDOT, YBSD, petitioner should consult
landscaping ordinance also
5....proposed variation will not impair supply of light&air.
Response: true, should not affect light or air
Chairman Davis asked for a motion to approve or deny the requests. A motion was
begun by Mr. Woods, however, there was more discussion. The following items were
further discussed: investigate fence ordinance for east and north property lines
considering the current location, start fence at the building and continue around the
southeast corner, use landscaping outside the fence,maintain light at the present level,
wall should connect to trash enclosure, waste removal service will need access to the
trash enclosure, fence behind the enclosure would not be a safe condition, consider
location of fire hydrant, wall should tie into building so people cannot walk through,
motion should stipulate opaque fence and type of material and then allow applicant to
determine type of material.
An amended motion was proposed by Mr. Bromann as follows: motion to accept PC
2006-39 ZBA with the following conditions:
1. light level remains same intensity
2. barrier to be built along north and east property lines to be brought to the trash
enclosure
3. have staff work with the petitioner on gate between the trash enclosure and
building and possible gate for fire protection along east wall, at discretion of fire
department
4. Work with staff on landscaping along outside of wall
The motion was seconded by Ralph Pfister. Roll call was taken and the motion passed
with all in favor(Bill Davis abstained).
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Ms. Kurtzman reminded all that this was not a final decision and the matter would come
before the Committee of the Whole. She will ascertain the meeting date since it would
fall on July 4th and will advise interested parties.
Additional Business:
The Board discussed a regular meeting day and the first Wednesday of the month was
recommended. This will also encourage petitioners to have all necessary documents
turned in to the City. Ms. Kurtzman said she is going to advocate that petitioners must
have all materials turned in 4 weeks in advance to allow for advertisements etc. If not all
documents are in,the matter will be carried over to a future meeting.
In addition, Ms. Kurtzman will recommend charging the petitioner if they change their
minds after advertisements are published. She added that the current fee for applying for
variances is $85.
A motion to establish a regular meeting date(first Wednesday of the month)was made
and seconded by Ryan Woods and Harold Feltz. Carried. This date also allows for
Travis Miller, Community Development Director,to be present if needed.
A motion was also made by Harold Feltz and Ryan Woods to adjust the fee schedule.
Passed. This recommendation will be forwarded to the City Council.
There was no further business and Ralph Pfister moved and Dean Bromann seconded to
adjourn the meeting. Adjourned at 8:08pm.
Minutes by Marlys Young,
Minute Taker