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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 Page 2 of 5 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 Page 3 of 5 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. Page 4 of 5 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). Page 5 of 5 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