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Zoning Board of Appeals Packet 2011 11-02-11 o United City of Yorkville J 800 Game Farm Road EST _ 7636 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 Ft Fax: 630-553-7575 Kendw COUnry , <LE ZONING BOARD OF APPEALS AGENDA Wednesday, November 2, 2011 7:00 P.M. Yorkville Public Library 902 Game Farm Road Meeting called to order: Roll Call: Previous Meeting Minutes (Corrections/Approval): August 3, 2011 Citizen's Comments ----------------------------------------------------------------------------------------------------------- Public Hearing: 1. ZBA 2011- Robert Claesson, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting variations to (a) Section 10-613-3-B to permit a lot size less than 15,000 sq. ft. and width at the building line less than 100 ft as required for the R-2 Duplex, Two-Family Residence District, and (b) Section 10-613-3-13 to exceed the permitted maximum density of 4.8 dwelling units per acre as required for the R-2 Duplex, Two-Family Residence District. The real property consists of a total of approximately 0.21 acres located immediately south of Walter Street and east of Mill Street, Yorkville, Illinois. The property is commonly known as 312 Walter Street, Yorkville, I160560. Additional Business 1. ZBA Meeting Schedule for 2012 Adjournment DRAFT UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday,August 3, 2011 7pm Library Historic Wing Board Members in Attendance Jeff Baker, Chairman Corey Johnson Charlie Walker Don Hirsch Ryan Woods Absent: Mike Skinner Other City Officials In Attendance Krysti Barksdale-Noble, Community Development Director Other Guests Tom Grant, Attorney Dave Konop, Katydidit Flowers Meeting Called to Order Chairman Jeff Baker called the meeting to order at 7:OOpm. Roll Call Roll call was taken and a quorum established. Previous Meeting Minutes July 7, 2010 The 2010 minutes were approved on a motion by Walker and second by Hirsch. Unanimous voice vote approval. Chairman Baker swore in those who would speak at the Public Hearing. Public Hearing: ZBA 2011-01 Kathleen Herron, Petitioner filed an application with the United City of Yorkville requesting variations to (a) Section 8-11-9-A-1 to permit the construction of an advertising sign in the business district with dimensions of 6 feet 6 inches by 6 feet 6 inches on each side to a height not to exceed 13 feet 6 inches from ground level; (b) section 8-11-9-B to allow a temporary sign,not to exceed the permitted dimensions throughout the entire period of the reconstruction of U.S. Route 34 (Veterans' Parkway) following the removal of the current sign by the Illinois Department of transportation; and(c) Section 10-7-D-4-E-1 to vary the requirements regarding parking lot setback in the B-3 Service Business District from 20 feet from property line to 0 feet from property line. The real property consists of approximately 0.24 acres and is located immediately north of Route 34 and just east of Route 47 (Bridge Street),Yorkville, Illinois. 1 Motion: A motion was made by Johnson and seconded by Hirsch to open the Public Hearing. Unanimous voice vote approval. Attorney Tom Grant thanked Ms. Barksdale-Noble for her assistance with the applications and memo. Mr. Grant represented the Petitioner, Kathy Herron, property owner of the strip mall at 9675 Route 34 (near Rte. 47) who rents space to Katydidit Flowers, Kendall Printing and Ugly's Hot Dogs. The current sign is located on the south edge of the property that will become part of the highway when road improvements are made. Attorney Grant said a variation would be needed to eliminate the 20-foot setback for parking since parking spots will be lost. He reviewed the standards for granting a variance. He said the ability to make a left turn from the parking lot would also be lost. Sign Discussion: The sign will utilize one parking spot. The size and height variations are being requested due to other signs in the area being taller and also for safety and visibility. Attorney Grant also reviewed the standards for granting a variance for the placement of the sign and asked for a positive recommendation to grant these variations. Mr. Grant also noted that a temporary sign would be needed when the present one is removed in the Spring and a sign permit will be needed. When the roadwork is complete, one sign will represent all businesses there. Motion: A motion was then made by Corey Johnson and seconded by Ryan Woods to close the Public Hearing. Unanimous voice vote. Discussion The Zoning Board then considered each of these points: 1. Setbacks 2. Size of sign 3. Height of sign Setbacks: Baker stated he was OK with the zero setback since the State was taking the land and the action was not caused by the property owner. Motion: The Board agreed and a motion was made by Johnson to accept the zero setback along with the adoption of the finding of facts in the Hearing. Wood seconded the motion. Roll call: Hirsch-yes, Johnson-yes, Woods-yes, Walker-yes, Baker-yes. Unanimous. Size: Baker asked about the square footage of the present sign and it was noted that the sign already exceeds the height and size rules by 3 square feet. Motion: Corey Johnson moved to recommend the variation of the size as well as the adoption of the related Finding of Facts increasing the size from 32 to 40 square feet. Mr. Hirsch seconded this motion. Roll call: Johnson-yes, Woods-yes, Walker-yes, Hirsch-yes, Baker-yes. Unanimous vote. 2 Height: Hirsch and Walker said they felt the petitioner's request was acceptable. Johnson said he would recommend the variation with some reservation since he would like to see all signs move towards compliance with the 8-foot requirement. Woods agreed and said he would like the same color backing for uniformity, in the event of any tenant changes. It was noted that a particular sign company may not be in business when a tenant change occurs. The present sign is 12-13 feet tall and Baker said he had no issues with allowing at least that height. The Board members agreed on a 13 feet height and the new sign must be similar to the present one. Motion: Walker made a motion to approve a 13-foot height along with the adoption of the Finding of Fact from the Public Hearing. Hirsch seconded the motion. Roll call: Woods-yes, Walker-yes, Hirsch-yes, Johnson-yes, Baker-yes. Unanimous vote. Temporary Sign Discussion: The temporary sign will be the same size as the new one when installed. A 40 square feet sign was approved and the sign will later be put into a fixed spot. Motion: Johnson moved to approve the 10-square foot variance for the temporary sign and Hirsch seconded the motion. Roll call: Woods-yes, Johnson-yes, Hirsch-yes, Walker-yes, Baker-yes. Unanimous. There was no further business and Johnson moved and Woods seconded to adjourn the meeting. Unanimous voice vote approval. Adjourned at 7:50. Minutes respectfully submitted by Marlys Young 3 Cpl 0 Memorandum EST. -� 1836 To: Zoning Board of Appeals -'� From: Krysti J. Barksdale-Noble, AICP, Community Development Director CC: Bart Olson, City Administrator a= �► Date: October 27, 2011 <I.E ��� Subject: ZBA 2011-02 - 312 Walter Street Bulk Variance Requests from R-2D Duplex Two Family District ZBA PUBLIC HEARING: The City has received an application for variances from the City's Zoning Ordinance related to the R-21) Duplex Two Family District. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, November 2, 2011, at 7:00 pm at the Yorkville Public Library Meeting Room(902 Game Farm Road). BACKGROUND/REQUEST: The petitioner, Robert Claesson, has an existing single-family residential dwelling located at 312 Walter Street proposed for interior renovation after a mid-summer fire, with ultimate conversion into two (2) rental units. At the October Plan Commission meeting, a recommendation was made in favor of the petitioner's request for rezoning from R-2 One Family Residence District to R-2D Duplex Two-Family Residence District. Due to the size of the approximately 0.21-acre residential parcel, the petitioner is requesting the following relief from certain bulk regulations of the R-213 Duplex Two Family District. • Section 10-6D-3-B to permit a lot size less than 15,000 square feet; property currently has approx. 9,150 sq. feet. • Section 10-6D-3-B to permit a lot width at the building line less than 100 feet. • Section 10-6D-3-B to permit a density greater than 4.8 dwelling units per each acre. EXISTING CONDITIONS: An analysis of the required bulk regulations of Section 10-6D-3-B for the R-2D Duplex Two Family Residence District in comparison to the requested variances of the existing property are indicated below: Current R-2 Zoning Proposed R-2D Requested %Difference Between Requirements Requirements Variance Proposed R-2D and Requested Variance Minimum Lot Size 12,000 sq.ft. 15,000 sq.ft. f 9,147.6 sq.ft. -5,852.4 sq.ft.(-60%) Minimum Lot Width' 80 ft. 100 ft. +70 ft. -30 ft.(-30%) Max Density 3.3 d.u./acre 4.8 d.u./acre2 9.6 d.u./acre +4.8 d.u./acre(+200%) It is also important to note that the surrounding land uses of existing lots within the vicinity of the subject property are also duplex residential dwelling units considered legally non-conforming, as 1 Lot width is measured at the building line. 'Density is calculated as the number of dwelling units(d.u.)per acre.In this instance,4.8 d.u.per acre is equivalent to 4.8/43,560=0.0001101d.u.per sq.ft.and 2 d.u.per 9,147.6 sq.ft.is equivalent to 2/9147.6=.0002186 d.u.per sq.ft. they are currently zoned R-2 One-Family Residence District and do not meet the minimum bulk requirements for that district: Subject Property APPROX.LOT SIZE APPROX.LOT WIDTH DENSITY 906—908 MILL ST. 0.29 AC.(12,632 SQ.FT.) 132 ft. 6.9 d.u./acre 303 WALTER ST. 0.21 AC(9,150 SQ.FT.) 72 ft. 9.6 d.u./acre 305 WALTER ST. 0.22 AC(9,560 SQ.FT.) 73 ft. 9.1 d.u./acre 311 WALTER ST. 0.21 AC(9,150 SQ.FT.) 70 ft. 9.6 d.u./acre 313 WALTER ST. 0.21 AC(9,150 SQ.FT.) 73 ft. 9.6 d.u./acre 1002-1004 MILL ST. 0.25 AC(10,890 SQ.FT.) 131 ft. 8.0 d.u./acre 310 WALTER ST. 0.22 AC(9,560 SQ.FT.) 70 ft. 9.1 d.u./acre STANDARDS FOR GRANTING A VARIANCE: The Zoning Board of Appeals must base its decision to vary, or recommend varying, any regulation of the Zoning Ordinance upon the following standards (Section 10-14-5C): 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally,to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. ZBA ACTION: Upon closing the hearing, staff requests that the Zoning Board of Appeals make its findings for the requested variances based upon each of the standards listed above and testimony/evidence provided during the public hearing. The purpose of the standards is to help guide you in making your decision. Municipal Code 10-14-5-D-1-B outlines the following occasions when the Zoning Board of Appeals may make a final determination: To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (9001o) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. Since the requested lot width and lot size reductions exceed the Zoning Board of Appeals final determination authority, the ZBA will be making only a recommendation to the City Council regarding this variance request based upon your findings of fact. Your recommendation may be to approve the requested variances, recommend approval of the requested variances with condition(s) or recommend denial of the requested variances. 1 39 J=�c�° c'rr� United City of Yorkville 800 Game Farm Road EST _ ' Yorkville Illinois 60560 im rz; TeleAhone: 630-553-4350 <CE CFax: 630-553-3436 ZBA# APPLICATION VARIANCE REQUEST Date of Submission: 8-29-11 1. Name of Petitioner(s): Robert Claesson Address: 312 Walter Street, Yorkville, IL 60560 Phone Number: 630-999-706$ Fax Number: Email Address: RKCCarpentry@yahoo.com 2. Name of holder of legal title, if different from#1: GMAC Mortgage If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: 312 Walter Street Yorkville, IL 60560 b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought: LT 9 Edgewood 3rd Addition City of Yorkville (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: 02-33-354-006 United City of Yorkville Variance Request Application Revised: l 29.09 40 5. Names and addresses of any adjoining or contiguous landowners and property owners within 500 feet of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section numbers to be varied: Variances to Section 10-6D-3-6 of the Yorkville City Code. 7. Name, address,phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Robert Claesson,P.O.Box 724 Yorkville,IL 60560 (630)999-7068 e-mail RKCCarpentry@yahoo.com Attorney: Name: Address: Phone Number: Fax Number: Email Address: 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of$500 deposit for consultants (i.e. legal review, land planner, zoning coordinator, environmental, etc.). In addition, owner/developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing. Should owner/developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials, and one CD containing electronic copies (pdf) of each of the application(complete with exhibits), drawings, map, and site plan to the Community Development Department. Large items must be folded to fit in a 10"x 13" envelope. United City of Yorkvilte Variance Request Application Revised: 1.24.119 41 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitioner s) or lega property owner's signature must appear on this application. Subscribed and sworn before me this ` day of CSC 7 , M 201 � r � OFFICIAL SEAL. Notary Public ANDREA M VVEINEW NOTARY PU81JC•STATE OF 9, NN W CO M EOVEW Wi Notary Stamp THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Variance Request Application Revised: 1.29.09 42 VARIANCE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the Community Development Department. Upon receipt the variance request will be forwarded to the Zoning Coordinator for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis, the 1 st Wednesday of the month at 7 P.M., in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A public hearing will be held at this time for the variance request. Notice will be by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. Prior to the public hearing, a certified affidavit must be filed by the petitioner with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: City Council: The City Council meets the 2"d and 4`h fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This session considers recommendations of the Zoning Official and Zoning Board of Appeals. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Community Development Department, United City of Yorkville, 800 Game Farce Road, Yorkville, Illinois 60560. Date: United City of Yorkville Variance Request Application Revised: 1.29.09 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS ZBA 2011-02 NOTICE IS HEREWITH GIVEN THAT, Robert Claesson, peti- tioner, has filed an application with the United City of Yorkville, Kendall County,Illinois,request- ing the following: a)Vary the lot size and lot width regulations for the R-2 Duplex, Two-Family Residence District contained in City Code Section 10-6D-3-B to permit a lot size less than 15,000 sq. ft. and width at the building line less than 100 ft. b)Vary the density requirement for the R-2 Duplex,Two-Family Residence District contained in City Code Section 10-6D-3-B to exceed the permitted maximum of 4.8 dwelling units per acre. The real property consists of a total of approximately 0.21 acres located immediately south of Walter Street and east of Mill Street, Yorkville, Illinois. The property is commonly known as 312 Walter Street, Yorkville, II 60560. The legal description is as fol- lows: LOTS 9 EDGEWOOD 3RD ADDITION, CITY OF YORKVILLE, COUNTY OF KENDALL,ILLINOIS. NOTICE IS HEREWITH GIVEN THAT the Zoning Board of Ap- peals for the United City of Yorkville will conduct a public hearing on said application on Wednesday,November 2,2011 at 7 p.m.at the Yorkville Public Library,902 Game Farm Road, Yorkville,Illinois,60560. The public hearing may be con- tinued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written com- ments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Au- thorities of the United City of Yorkville, Kendall County, Illi- nois. BETH WARREN,City Clerk BY:Lisa Pickering Deputy Clerk 155908 Pub:October 17,2011 D Cll o Memorandum s EST. - _ leas To: Zoning Board of Appeals O L `` From: Lisa Pickering, Deputy Clerk 9 ��� p Date: October 26, 2011 ��dAC-� '� Subject: Zoning Board of Appeals Meeting Schedule for 2012 The Clerk's Office is in the process of publishing the City's master meeting list for 2012. Listed below is a tentative schedule for the Zoning Board of Appeals meetings for 2012. The proposed schedule has the ZBA meeting the lst Wednesday of each month at 7:00 p.m. Please discuss this schedule at the Zoning Board of Appeals meeting and decide if you have any changes to the dates or meeting time. Zoning Board of Appeals 1st Wednesday — 7:00 pm January 4 Jul 5 (*Thursday, due to holiday) February 1 August 1 March 7 September 5 April 4 October 3 May 2 November 7 June 6 December 5