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Zoning Board of Appeals Packet 2009 08-05-09 0 Co. United City of Yorkville J 4 A, 800 Game Farm Road EST. 1838 Yorkville, Illinois 60560 - Telephone: 630-553-4350 0� d Fax: 630-553-7575 Krnd.ICewly `� <CE ZONING BOARD OF APPEALS AGENDA Wednesday, August 5, 2009 7:00 P.M. Yorkville Public Library 902 Game Farm Road Meeting called to order: Roll Call: Previous Meeting Minutes (Corrections/Approval): January 7, 2009 Public Hearings: 1. ZBA 2009-01 RWJ Yorkville LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance to the Yorkville Zoning Ordinance, Section 10-7D-4bl, allowing for a reduction of 9.15 feet in the side yard setback between the southern wall of the existing restaurant building and a proposed lot line that would be created upon the property being subdivided. The real property consists of approximately 2.55 acres at 1402 and 1502 N. Bridge Street, Yorkville, Illinois, 60560. Adjournment Page 1 of 4 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday,January 7,2009, 7pm City Hall Conference Room Board Members in Attendance: Jeff Baker, Chairman Dean Bromann Chris Funkhouser Sam Clementz Mike Skinner Ryan Woods (err. 7:08pm) Absent: Ben Moe Other City Officials In Attendance: Anna Kurtzman Guests: Susan Kritzberb Randy Burggraf, Pearle Vision Art Prochaska Maria Fisher Verne Henne Andrew Kolb, Bazos, Freeman, Kramer, Schuster,Vanek, & Kolb Meeting Called to Order: At 7:00pm the meeting was called to order by Chairman Jeff Baker. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes: December 3, 2008 The minutes were approved as read on a motion and second by Bromann and Skinner respectively. Unanimous voice vote. Public Hearings: 1, ZBA 2008-09 Randall Burggraf,filed a petition with the City requesting relief from Municipal Code, Sections 8-11-09, Items A-2 a&b, to allow business signs on the rear side of a business. The address of the property is 620 and 624 W. Veterans Parkway. The Hearing was opened on a motion by Skinner and second by Bromann. Unanimous voice vote. Page 2 of 4 Chairman Baker swore in those who would speak at the Hearings. Randy Burggraf of Pearle Vision was present and gave information for the petition. He asked for signs on the east side of the building and said his business depended on drive- by traffic. He stated that customers tell him they cannot find Pearle Vision and the business has suffered as a result. Mr. Burggraf said other Yorkville businesses have signs that are visible from major roads and the sides of the building. The Pearle Vision property is located on an unnamed access road, he said. The wall that faces the right-of-way is all glass and not appropriate for a sign. Free-standing signs are not allowed due to an existing sign for other businesses located farther down the road. He said he has not found any other businesses with these unique circumstances. During questioning, it was noted that Burggraf wants an illuminated sign on the east wall, however, the exact size was unknown. When Pearle Vision began renting their offices, Mr. Burggraf said he spoke with the building owner,Jim Ratos, who stated signs could be placed on the front and back of the building. Since that time, Mr. Ratos told Mr. Burggraf no more signs could be erected on the property, but suggested perhaps one could be installed to the east near some existing pine trees. However, the trees are not on Mr. Ratos' property. Chairman Baker said he did not think a sign to the east would be appropriate or helpful as traffic would not see it. Skinner added that the sun could actually prevent drivers from seeing the sign and drivers would have to look far back off the road creating a dangerous situation. Susan Kritzberg, resident to the east at 1217 Game Farm Road,read a statement opposing any further signage. Her property is bordered on the west by the property being discussed. The area consists of 4 acres with natural wooded and wetland areas, fishing ponds and Blackberry Creek. It is registered as a wildlife habitat. As a property owner and Comprehensive Plan Committee member, she is concerned with the negative impact on the view and effect of the bright lights. She said the developers were aware of the signage rules and the existing sign is very visible. To grant this variance would be setting a precedent, she said. She stated later that she is totally opposed to illumination and east wall signs, especially in view of the valuable green space, Resident Verne Henne then spoke and presented a handout of photos and a written objection (both to become part of minutes). In his photos,he pointed oui that some of the signs may be actually placed incorrectly on another piece of property. He said the building is turned with its end facing Rte. 34 to be able to call it a side yard. He said Brenart Eye Clinic and Club 47 are set this way also for maximum usage of land. He also cited the new ordinance that does not allow signs to be illuminated after 11 pm and said some of the signs being discussed are lit after that time. Burggraf will speak with Ratos about turning off the Iights Mr. Henne also pointed out another Pearle Vision sign he said was clearly visible, however, Dr. Burggraf said it was obscured by trees. He said Jim Ratos had been talking Page 3 of 4 with the tree property owner about trimming the trees, moving them or possibly planting others. Resident Art Prochaska said this is the second time this petition has been presented and the signage hardship was already present when the building was leased. He also objected to the illumination of the east illuminated sign which is inside the building in a light-box. Mr. Burggraf said this sign was placed inside as a stop-loss measure and was placed prior to the revised ordinance. He stated he did not know this would become such an issue. Maria Fisher,the owner of the property with the trees, said she and other neighbors objected to further illumination. She has had some discussions with Ratos and offered to talk with Burggraf also to try and reach a solution. Chairman Baker said the Zoning Board is a recommending body only and that would allow time for Ms. Fisher and Dr. Burggraf to talk with one another prior to the Council meeting. He added that the issue of illumination is not in the petition; it is a request for a sign. The Public Hearing was then closed on a motion by Skinner and second by Bromann. Motion approved by a unanimous voice vote. Ms. Kurtzman reviewed the Finding of Fact and Sign Code Provisions with the Board. Discussion: The general consensus of the Board members was that the signage was adequate for Pearle Vision and that safety was a concern if an east sign were to be allowed. Also brought up was the fact that the Pearle Vision sign is the largest and that this matter is a self-imposed hardship. In addition, Pearle Vision is the only business asking for an additional sign. A motion was then made by Woods to approve ZBA 2008-09 and Funkhouser seconded the motion. Roll call vote: Woods-nay, Bromann-nay; Skinner-nay; Clementz-nay; Funkhouser-nay; Baker-nay. Motion failed unanimously. This matter will move forward to the City Council meeting January 27'h at 7pm. Old Business: {Continued from December 7, 2008 meeting} 1. ZBA 2008-06 Petitioner (CXS Pharmacy)fled a petition requesting relief from several sections of the Sign Code. The property is located at the southeast corner of Rt. 34 and Eldamain Road Attorney Andrew Kolb stated that the petitioner has withdrawn the last three variance requests. He also stated that the developer will not be moving ahead with the CVS Page 4 of 4 Pharmacy project at this time, however, he will proceed to City Council on the requests already recommended by ZBA. Until necessary fees are paid to the City, Mr. Kolb said the City will not put this petition on the Council agenda. Additional Business: Ms.Kurtzman pointed out that her report regarding,Pearle Vision was only 2 pages, however, the information in the packet appeared lengthier. She said the additional pages were a City Council amendment to the code regarding wind feathers. Wind feathers were previously discussed and some of the requirements were noted by Ms. Kurtzman. Since the Board members had additional questions, she will report back to the committee. There was some concern about the newly passed sign ordinance due to the Zoning Board not being asked for input or recommendations regarding wind feathers. Motion Woods and Funkhouser made a joint motion to advise the City Council that ZBA is reviewing the revised sign ordinance due to reservations and concerns regarding the language pertaining to wind feathers, specifically: setback and height requirements, color, size, quantity allowed. These concerns are pending a report from Ms. Kurtzman. Bromann seconded this motion. Roll call vote: Bromann-aye; Skinner-aye; Clementz-aye; Funkhouser-aye; Woods-aye; Baker-aye. Unanimous approval. In another matter, Skinner asked for City Council results of matters that have come before ZBA and said he would like to track all petitions. Ms. Kurtzman recapped the most recent cases. There was no further business and a motion was made and seconded by Woods and Skinner respectively,to adjourn the meeting. Adjourned at 8:34pm. Minutes respectfully submitted by Marlys Young, Minute Taker o United City of Yorkville County Seat of Kendall County EST. , `��_ =5 800 Game Farm Road Yorkville, Illinois, 60560 p Telephone: 630-553-4350 �f1 S1 �� Fax: 630-553-7575 Website: www.vorkvlllell.us TO: Zoning Board of Appeals July 20, 2009 FROM: Anna B. Kurtzman, AICP SUBJECT: Zoning Variance Request ZBA 2009-01 1402 and 1502 N. Bridge Street HEARING DATE: The City has received an application for a variance from the City's Zoning Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, August 5,2009,at 7:00 pm at the City Hall Conference Room (located at 800 Game Farm Road). REQUEST: The applicant,RW.1 Yorkville LLC, owns 1402 and 1502 N. Bridge Street,Yorkville, Illinois (Property Identification Number 02-28-176-017) located at the northeast corner of N. Bridge Street(TL State Route 47)and E. Veterans Parkway(US Highway 34). The legal description for the subject property is attached to this report. This 2.55 acre lot is currently zoned B-3 (service business district) and is improved with convenience store/gas station,detached car wash and a vacant building that had been used as a sit-down restaurant. The owner is proposing to subdivide the property into two properties. tin initial meetings with the property owner staff advised that a variance would need to be granted prior to completion of the subdivision as there was inadequate space between buildings to meet setbacks. As a result, the petitioner is seeking a variance to Section 10-7D-4b1, reducing the internal side yard setback from 20 feel to 10.85 feet(reducing the setback by 9.15 feet). CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning_ Use North B-3 Fast food restaurant,retail South B-3 retail East B-3 retail West B-2 Convenience storeigas station,retail & vacant land As noted above, this request is tied to the concept that the property is divided into two parcels (see applicant's proposed site plan attached to the application). Under the current regulations, the vacant building would need to meet a 20 foot side yard setback (being a principal building) ZBA ZBA 2009-01, 1402 and 1502 N. Bridge St July 20, 2009 Page 2 of 3 and the car wash would need to maintain a 5 Foot setback(as an accessory use to the convenience store/gas station), requiring 25 feet between the two buildings. There is just under 18 feel between the two buildings. Thus, in order to subdivide and keep both buildings a variance would need to be granted. STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary(or make a recommendation to vary)the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case based upon the following: 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, NEXT STEPS Upon closing the hearing, staff requests that the Zoning Board of Appeals (ZBA) make findings based upon each of the standards listed above for each variance being sought. (Section 10-14- 5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. The applicant is seeking to reduce the side yard setback by more than 25% (the request, if granted, would reduce the side yard setback by 45.75%). Therefore,the ZBA will not make a final determination but will rather make a recommendation that will be forwarded to the City Council for their consideration. As you know, you make recommend to approve, deny or approve the request with conditions. /abk Attachments Filename: Woyserver\User Foldm\AKurtzmanlMy Ducumcn07-BAMA 2D09•D1 8 P-SunFieOrrpon to ZBA 7-20-69.doc ZBA ZBA 2009-01, 1402 and 1502 N.Bridge St July 20,2009 Page 3 of 3 LEGAL DESCRIPTION OF 1402 AND 1502 N.BRIDGE STREET Lots 1 and 2 Countryside Center, Unit No. 5 in the United City of the Village of Yorkville, Kendall County, Illinois. United City of Yorkville 39 � o 800 Game Farm Road Yorkville, Illinois 60560 D ill: _ Telephone: 630-553 4350 CFax: 630-553-3436 ZBA# o�-b a —a APPLICATION VARIANCE REQUEST Date of Submission: 1. Name of Petitioner(s): T Ya Aku I III, L L C, Address: . . Phone Number: D- — Fax Number: ad Email Address: ` 2. Name of holder of legal title,if different from#1: 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: b. Proposed name of subdivision(if any): c. Legal description of property for which zoning variance is sought: j� U Al ;i- 5 0-9 Yo (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s)of property for which variance is sought: _A$-R(e-01-7 United City of Yorkville Variance Request Application Revised by 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 nines,addresses and permanent parcel numbers of all parties that were notified. Step 3: City Council: The City Council meets the 2"d and 0 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, $00 Game Farm Ro d, o le, Illinois 60560. Date: OR I United City orYarkville variance Request Application Revised: J I i I y I LAU 47 Resew°■ ,� I � L di h - I A. I 1 i I ------- - r, =Lwl ' Y_ ACOS I ' ' 77 I �a� ---__ _ WO I 1 I � T8` __ -------------w^--- ^ _n 1 1 Ofd R�1111e�1e' } >>.ir• IV Us Rt. 034 ! LER�17l.ei' ne•R er•ss'Re- r emier Land Surveying L.L.C. LoccUO Joe 2DOe Door sheet 2 of 3 7S78ddD�rp7�a� 14,0 —1502 H. Bridge Street Rev. R dulign ""It%IL60141 Cl�eniRMYJ COMPAhiiCS. iNG. I �✓<TS1�17 1070 JORIE BLVO. ST£ 322 OAK BROOK, IL fi0523-44fi e • 6 1