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 ,
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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
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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