Loading...
Zoning Board of Appeals Packet 2010 02-03-10 o►T o United City of Yorkville J 0 '" 800 Game Farm Road MT.. ' � 1838 Yorkville, Illinois 60560 Telephone: 630-553-4350 `p Fax: 630-553-7575 ZONING BOARD OF APPEALS AGENDA Wednesday, February 3, 2010 7:00 P.M. Yorkville Public Library 902 Game Farm Road Meeting called to order: Roll Call: Previous Meeting Minutes (Corrections/Approval): November 4, 2009 December 2, 2009 Public Hearing: 1. ZBA 2009-05 Esmer Capital Management, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance to City Code, Title 8, Chapter 11, Section 11 - D to add a 16 sq. ft. reader board beneath an existing sign measuring 92.8 sq. feet. The legal conforming size of a sign in the zoning district is 32 sq. ft. and a message board should measure no more than 50 % of the total square footage of the sign. The real property consists of approximately 1 acre at 1201 N. Bridge Street, Yorkville, Illinois 60560. Adjournment Page 1 of 4 RAF UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, November 4, 2009, 7pm Library Historic Meeting Room Board Members in Attendance: Jeff Baker, Chairman Charlie Walker Chris Funkhouser Mike Skinner Corey Johnson Absent: Dean Bromann, Ryan Woods Other City Officials In Attendance Travis Miller, Community Development Director Meetiny,Called to Order At 7:OOpm the meeting was called to order by Chairman Jeff Baker. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes: September 2, 2009 The minutes were approved as read on a motion and second by Johnson and Walker respectively. Unanimous voice vote. Public Hearin 1. ZBA 2009-03 Mr. & Mrs Mike Graves, petitioners, filed an application with the City requesting a variance to City Code, Title 8, Chapter 11, Section 9.A.1 to allow for a free standing sign to be 10 feet high. The property consists of approximately 5 acres at 1801 S. Bridge St. This Public Hearing was tabled due to improper notification of nearby property owners and will be rescheduled for December 2, 2009. Skinner noted that a temporary sign had been erected on this site, but Travis Miller said that a stop work order had been issued due to no permit. The petitioner then applied for a permit for the sign and it exceed the height requirements that prompted the variance request. Mr. Miller expects that the application might be withdrawn as the sign will be revised to be compliant. Page 3 of 4 10. Amendment as it stands is too broad. 11. Chris said there are two aspects to consider: signs on the ballfields and signs on other locations on buildings. 12. Question was raised if rec center can start selling ad space on its building. 13. Jeff noted that a sign is displayed in the corner of the town park all year round. Travis said that sign is exempt since it advertises activities. 14. Portable police sign comes under"legal notice" 15. General consensus that Board members approve of ballfield signs, but not "off- premise signs" in public areas, other parks. 16. Research from other towns? 17. What value other than revenue do the signs bring? If signs not controlled, may become unsightly. 18. Suggestion made to just write exemption for ballfields only. The committee then looked at the specific parts of the proposed amendment to address their concerns. Following are the highlights of this discussion: 1. Corey suggested limiting signs to athletic fields or specify ballfields only. All agreed. 2. Jeff asked about Hometown Days stating it is an "event", ordinance does not address that type of event. 3. All agreed 12-month time frame too long 4. Include language to remove if tattered, unsightly. 5. Have signs all printed through City? Parks & Rec to install and store signs after season. Roll this service into the fee. 6. Not allow outside illumination—should be spelled out in amendment 7. Possibly have electronic sign-eliminates maintenance, however, electronic signs are not allowed in ordinance. Not all fields have electricity. 8. Material and mounting of signs should be consistent 9. Baker wants I definition tied to athletic fields Page 4 of 4 10. Signs should be no bigger than 3x6 since fence is only 4 foot tall, all signs should be same material, same size, plywood holds up best. Travis will obtain specifics from Parks & Rec concerning sign material. In summary, the preliminary findings are that only baseball and soccer fields be allowed to have signs, facing inside, signs must comply with all safety regulations (Travis to research) and specify time frame to be displayed. Mr. Walker said that a Parks representative should be present at the next meeting with info on the sign material as well as other input. There was no further business at this time and the meeting was adjourned on a motion by Charlie Walker and second by Corey Johnson. Meeting adjourned at 8:20pm. Respectfully submitted by Marlys Young, Minute Taker Page 1 of 4 RAF UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, December 2, 2009, 7pm City Conference Room (changed from Library Historic Room) Board Members in Attendance: Jeff Baker, Chairman Mike Skinner Corey Johnson Charlie Walker Chris Funkhouser Absent: Dean Bromann, Ryan Woods Other City Officials In Attendance Travis Miller, Community Development Director Other Guests: John McAdams, McAdams & McAdams Tom Saliu, Sunfield Restaurant Meeting Called to Order Chairman Jeff Baker called the meeting to order at 7:00pm. Roll Call Roll call was taken and a quorum was established. It was noted that Mr. Bromann might have moved out of Yorkville, so contact with him will be attempted. Previous Meeting Minutes: November 4, 2009 The minutes were approved as read on a motion and second by Johnson and Skinner respectively. Approved on a unanimous voice vote. Public Hearin 1. ZBA 2009-04 Fatmir Saliu, petitioner, filed an application with the City of Yorkville requesting a variance to City Code, Title 8, Chapter 11, Section 9.A.1 to allow for a free standing sign to exceed the maximum 32 square feet in area by 16 square feet for a total of 48 square feet. The property consists of approximately I acre at 382 E. Veterans Parkway, Yorkville. A motion was made by Skinner and seconded by Johnson to enter into Public Hearing. Motion approved unanimously on a voice vote. Chairman Baker swore in Mr. McAdams and Mr. Saliu. Page 2 of 4 Attorney John McAdams stated that he represented Sunheld Restaurant and gave the details of the variance request. When the new restaurant was built, a sign (8' x 6") was erected and was in compliance with the ordinance at that time. Later the ordinance was changed to allow only 32 square feet signs, but Sunfreld's was grandfathered in. The sign now needs repair since only half of the sign is lit. This resulted from the ballast overheating. When the sign was ordered, a depth of 25 inches was also requested, but upon delivery, it was only 10" in depth. A remedy was immediately requested at the time of installation. The sign maker was sued and the petitioner won the case based upon breach of contract. The sign company must replace/repair the contracted size since the sign will not overheat with the additional 15" depth being requested. The variance was requested since the ordinance has changed. Chairman Baker asked for comments from the Board members. It was noted the sign base will also be enclosed. Travis stated that the entire sign will be replaced and because of the replacement, the permit is treated as a new application. He added that the ordinance does not address the depth of a free-standing sign. Mr. Walker questioned if any payment was made. Only half of the cost was paid. Mr. Funkhouser asked if there was any stipulation on the reinstallation or a timeline for the sign. There was none, however, the monetary judgment was for$2200. There was no further comment and a motion was made and seconded by Skinner and Johnson to close the Public Hearing. Approved unanimously on a voice vote. Discussion Baker and Johnson said they were OK with the sign and would rather see it working properly. Finding of Fact Travis Miller said that in addition to the Finding of Fact, there were 8 criteria to be considered in the Sign Ordinance. He recapped the variance request as a dimensional variance requesting 48 feet from 32 feet for a 16 square foot variance. The Board will be making a recommendation only. since the request exceeds the Board's authority. Mr. Miller then reviewed the Finding of Fact and Sign Ordinance criteria. Discussion Mr. Walker asked that since this sign is a re-build, could it now be made to be compliant with the existing ordinance. However, Mr. Baker said that the original sign was not built properly. Travis asked if the sign would be replaced or repaired. The poles will be re- used and the attorney said a new sign company would be handling the matter. Because of the new sign company, Attorney McAdams said the answer is unknown if the original face can be re-used. He is seeking to be in compliance with the original approval. Page 3 of 4 Travis Miller wished to confirm the staff recommendation that the variance should stand and quoted the ordinance. He said this is a structural repair and should still be considered a variance request. Motion Mr. Skinner then made a motion to approve ZBA 2009-04 requesting a variance from City Code Title 8, Chapter 11, Section 9.A.1 to allow free-standing sign to exceed the maximum of 32 square feet, by 16 square feet, to be a total of 48 square feet in area. Corey Johnson seconded the motion. Roll call vote: Walker-yes, Skinner-yes, Johnson-yes, Funkhouser-no, Baker-yes. Motion passed 4-1 This item will be recommended for approval to the City Council and will be on their agenda December 8"'. New Business: 1. Sign Ordinance amendment regarding off-premise signs Travis revised the proposed ordinance and it was also presented to the Parks and Recreation. He said the 3'x 6' sign size was agreeable with the Parks Department. He said the ordinance would limit the number to 5 banners mounted on the fence, per ballfield. There was discussion of a Park Board proposal for a banner under the lighted scoreboard. Skinner noted that the scoreboard might exceed the height requirement. Motion Mr. Walker then made a motion to adopt the ordinance as presented. Mr. Skinner objected to the motion stating more time was needed to discuss and to make a recommendation about the possible $2,000 sponsorship sign on the lighted scoreboard. If the Board adopts the ordinance as written, the Park Board could not display a sign there. There was further discussion of a sign, (size, height, placement etc.) on the scoreboard. Mr. Walker then withdrew his motion and made a new motion to approve the ordinance as presented with the following conditions: 1. Strike the limit on the number of signs on the fence 2. Maximum sign size is 3 feet by 6 feet and signs shall be mounted on the outfield fence facing the playing field 3. One banner sign allowed under scoreboard with sponsor name and logo, sign not to exceed 32 square feet and not higher than 8 feet off the ground. Mr. Skinner seconded the motion. Roll call vote: Skinner-yes, Johnson-yes, Funkhouser-yes, Walkcr-yes, Baker-yes. Motion passed 5-0 This item will move forward to City Council on December 8U'. Page 4 of 4 2. ZBA meeting schedule for 2010 The standard meeting date of the first Wednesday night will remain the same. Additional Business: Travis noted that Ground Effects had withdrawn a sign petition. The Zoning Commission will convene again in January and a Public Hearing will be scheduled sometime after that. The ZBA will be notified of this Hearing so the Board members can provide input. A preliminary draft will be provided prior to the Hearing, upon a request from Chainnan Baker. It was noted that an off-site sign for Upper Crust is located south of town, while Merlin's Muffler still has a banner sign. Also, a sign is down near Greenbriar. Code Official Paul Zabel is trying to identify non-compliant signs. Adjournment: There was no further business and a motion was made by Skinner to adjourn the meeting. Johnson seconded the motion. Meeting adjourned at 8:20pm. Minutes respectfully submitted by Marlys Young 'e.° c'T� United City of Yorkville J� ¢ �'" County Seat of Kendall County EST. 1836 800 Game Farm Road Yorkville, Illinois, 60560 -C Telephone: 630-553-4350 0� x°° =O Fax; 630-553-3436 Website: www.yorkville.il.us TO: Zoning Board of Appeals December 21, 2009 FROM: Travis Miller, Community Development Director SUBJECT; ZBA 2009-05 1201 N. Bridge Street Sign Variance Request ZBA PUBLIC HEARING: The City has received an application for a variance from the City's Sign Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday February 3, 2010, at 7:00 pm at the Yorkville Public Library Meeting Room (902 Game Farm Road). REQUEST: The applicant, Esmer Capital Management, LLC, is requesting relief from Municipal Code Title 8, Chapter 11, Section 9(A)(1), increasing the allowable sign area from thirty-two (32) square feet to one-hundred eight and eight tenths (108.8) square feet to allow for a sixteen (16) square feet electronic message board be added to the existing ninety-two and eight tenths (92.8) square feet sign. CONDITIONS: The property is within the Business Zoning District(B-3). The petitioner has an existing sign on the property that is 92.8 square feet in area. The existing sign was existing when the property was annexed April 14, 1988 and permitted to remain at the time of annexation. This sign is a Nonconforming Sign per 8-11-11 of the current Sign Code. The annexation agreement expired April 14, 2008 per 65 ILCS 5/11-15.1-1 which limits annexation agreements to a period of no more than 20 years. Regardless of this expiration, there are no provisions in the agreement contemplating the expansion of the existing sign. The Sign Code 8-11-11 (C) allows for normal maintenance of a nonconforming sign "including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign." The addition of a 16 square foot electronic message board would intensify the nonconforming feature of area of the sign. ZBA 2009-05 December 21, 2009 Page 2 of 3 In order for the sign to be in compliance with the Sign Code it would need to be 8 feet high or less and no more than 32 square feet in total area. The existing sign is estimated to be 20 feet in height. STANDARDS FOR GRANTING A VARIANCE: Municipal Code Title 8, Chapter 11, Section 13 provides direction regarding the processing of sign variances. This Section indicates that the Zoning Board of Appeals is to consider two sections of the Municipal Code before making a recommendation. The first is outlined in Title 10, Chapter 14, Section 5 (Zoning Ordinance) and the second is outlined in Title 8, Chapter 11, Section 13. These standards are below: Zoning Ordinance-Title 10, Chapter 14, Section 5: l. 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. S. 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. SECTION 8-11-13 SIGN VARIATIONS I. If the sign was erected legally with a sign permit 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the properly 4. The cost to the applicant of complying with the sign ordinance requirements S. If the sign is on or faces a street with a forty(40) mile per hour or higher speed limit—YES (40mph) ZBA 2009-05 December 21, 2009 Page 3 of 3 6. If the sign is on a street with 20,000 or higher vehicle trips per day—YES (23,500) 7. If the sign would be blocked by existing or required landscaping 8. If it is a wall sign facing a public right-of-way without a public entrance NEXT STEPS: Upon closing the hearing, staff requests that the Zoning Board of Appeals make findings based upon each of the standards listed above for the sign area variance being requested. The purpose of the standards is to help guide you in making your decision. Municipal Code 10-14-5 (D) outlines occasions when the Zoning Board of Appeals may make a final decision. Variances from Sign Code requirements are not covered by this Section, therefore, the ZBA will be making a recommendation to the City Council regarding this variance request. After making your findings, staff recommends that the Board make a recommendation regarding the variance requested, which will then be forwarded to the City Council. Your recommendation may be to approve the requested variance, recommend approval of the requested variance with condition(s) or recommend denial of the requested variance. 39 ° C'' United City of Yorkville 800 Game Farm Road TM ' Yorkville Illinois 60560 9 (r �� Telephone: 630-553-4350 CFax: 630-553-3436 LE �tiw ZBA# oa9-dam APPLICATION VARIANCE REQUEST Date of Submission: Qecpr)l Y- IIAD 1. Name ofPetitioner(s): Esmer Capital Management, LLC Address: PO Box 51 , Yorkville, IL 60560 Phone Number: 553-5203 Fax Number: 553-5582 Email Address: V L.henne@comcast.net 2. Name of holder of legal title, if different from#1. NIA If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: NIA 4. a. Street address and physical location of subject property: 1201 N. Bridge Street, Yorkville, IL 60560 b. Proposed name of subdivision(if any): Perkins c. Legal description of property for which zoning variance is sought: lot 2 Perkins Subdivision, City of Yorkville, Kendall County, IL (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: 02-28-154-020 United City of Yorkville Variance Request Application Revised: 1 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: Section 8-11-11-D to permit existing sign which consists of 92.8 sq.ft. and to add reader board underneath the current sign which is 16 s .ft. which is less than 50 of the totalsquare footage with is Rermitted as a legal conforming use pursuant to the current Annexation Agreement with the United City of Yorkville. 7. Name, address,phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: DaniCl J. Kramer Attorney: Name: Daniel J . Kramer Address: 1107A S. Bridge St. Yorkville IL 60560 Phone Number: 553-9500 Fax Number: 553-5764 Email Address: Dkramer @dankramerlaw.com 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 Yorkville Variance Request Application Revised: I 29.09 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 rrect: P itioner{s) or lega property owner's signature must appear n th' app ation. Subscribed and sworn before me this day of 20011 OFFICIAL SEAL Notary Public s COLLEEN HANSON NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:IU121111 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Variance Request Application Revised; 1 29.04 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 1st 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 2nd and 41h 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 cords to the Commu ity Development Department, United City of Yorkville, 800 G e a Road, Yorkvi e,Illinois 60560. Date: United City of Yorkville Variance Request,Application Revised: I 29.09 i L 7MW- W [' f A=1 4`^ — '�,:, Sihlall;LY�'fktEiJ:f�ai t: AUT � ED SkfiSt,E9,V1ER OEAM Tcucii '� r` .vii � � •.,� y _ E � 1 ADJOINING OWNERS OF 02-28-154-020 ESMER CAPITAL MANAGEMENT, LLC 02-28-154-021 02-28-154-010 1740 Essington, LLC Bryan & Carrie Dodgers 1850 Essington Rd. 1106 Sunset Joliet, IL 60435 Yorkville, IL 60560 02-28-154-022 02-28-303-001 Bowlmore, LLC Sean Ogara & Maria Lopez 25571 Route 47 1104 Sunset Elburn, IL 60119 Yorkville, IL 60560 02-28-154-015 02-28-303-002 Michael & Nannette Grommes John Weber 1209 N. Bridge Street 1102 Sunset Yorkville, IL 6056 Yorkville, IL 60560 02-28-154-005 02-28-303-003 Norman & Sandra Baxa Steven & Jody Koszola 1208 Sunset 1012 Sunset Yorkville, IL 60560 Yorkville, IL 60560 02-28-154-006 02-28-303-016 Milton & Jean Lue Haig 1206 Sunset PO Box 144 Yorkville, IL 60560 Plano, IL 60545 02-28154-007 02-28-329-045 Lino Jr. & Judy Garcia Earthmover Credit Union 1204 Sunset St. 2195 Baseline Road Yorkville, IL 60560 Oswego, IL 60543 02-28-154-008 02-28-152-005 Jose Dejesus Ramos John Landes Jr. 1202 Sunset Ave. 1201 Sunset Ave. Yorkville, IL 60560 Yorkville, IL 60560 02-28-154-009 02-28-177-012 James & Cecelia Sanders TR 02-28-177-011 1108 Sunset Ave. Dirk & Robin Browning Yorkville, IL 60560 7424 Route 34 Oswego, IL 60543 02-28-151-010 Shirley Walker 1203 Sunset Ave. Yorkville, IL 60560 02-28-153-005 WM & Margaret Studeman 1103 Sunset Ave. Yorkville, IL 60560 02-28-301-005 Randy Rieckert 1101 Sunset Ave. Yorkville, IL 60560