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 Miller expects that the application might be withdrawn as the sign will be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
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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