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Zoning Board of Appeals Packet 2008 10-01-08
United City of Yorkville 800 Game Farm Road .EST 1 � _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LEy ZONING BOARD OF APPEALS AGENDA Wednesday, October 1 , 2008 7:00 P.M. City Council Chambers 800 Game Farm Road Meeting called to order: Roll Call: Previous Meeting Minutes (Corrections/Approval): August 6, 2008, and September 3, 2008 Public Hearings: This item was continued from the September 3, 2008 ZBA meeting. 1 . ZBA 2008-04 Joe Lusk, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting reductions in setbacks from Yorkville's City Code. The petitioner seeks a reduction in the front yard setback from 30 ft. to 25 ft., Section 10-6C-4A; and a reduction in the side yard setback from 30 ft. to 3 ft. 3 in., Section 10-6C- 413. The real property address is 308 Walnut Street, Yorkville, Illinois, 60560. Additional Business: 2. ZBA 2009 submittal deadlines. Adjournment Page I of 4 RAFT UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, August 6, 2008, 7pm Council Chambers Board Members in Attendance: Jeff Baker, Chairman Dean Bromann Chris Funkhouser Mike Skinner Ryan Woods (arr. 7:06pm) Others In Attendance: Anna Kurtzmann Robert Edwards, RWE Management J. R. Brittenham Jason Sanderson, RWE Management Gary Neyer, Marker Inc. James & Diane Bell At 7:04 the meeting was called to order by Chairman Jeff Baker. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes: June 4, 2008 The minutes were approved as read on a motion and second by Bromann and Funkhouser, respectively. Approved unanimously on a voice vote. Chairman Baker swore in those who would speak at this meeting. Public Hearings: 1. ZBA 2008-02 Richard Marker Associates filed an application requesting a height variance for a fence. The property address is 728 E. Veterans Parkway located in the Heartland Center. The petitioner is seeking a variance from Section 10-3-2D1(b) and 10-3-7 of the Municipal Code which states that the maximum height of a fence is 6 feet. The Public Hearing was opened. Gary Neyer of Richard Marker Associates presented an overview of this request. He said the property is a 9-acre commercial development near the Blackstone Restaurant and Page 2 of 4 Lighthouse Academy. A taller fence is desired due to the unincorporated property to the east, which is in poor condition. Mr. Neyer said that while the trees are leafed out, the property is not as visible. He added that they hope this is a short-term solution until the property changes uses. The petitioner said a wood fence would be constructed to blend in with nearby trees. It was noted that the finished side of the fence would face the outside. Funkhouser asked if a PUD was in place for this property when it was developed and Ms. Kurtzmann replied that there was. A motion was made and seconded by Skinner and Bromann respectively, to close the Public Hearing. Passed unanimously on a voice vote. Discussion: Some of the Board comments were as follows: there is concern due to abandoned vehicles, two additional feet of fence will not hide the problem, a PUD was previously approved with no request for a fence. Funkhouser noted that the proposed fence would run almost to the Rt. 34 right-of-way at which point it would be a front yard only allowing a 3-foot fence. Ms. Kurtzmann then reviewed the Finding of Fact with brief discussion of each point. A motion was then made by Bromann and seconded by Skinner to approve this variance request. A roll call vote was taken: Funkhouser-no; Baker-no; Skinner-no; Bromann-no; Woods-no. Motion failed. 2. ZBA 2008-03 RWE Management Company has requested a height variation regarding Section 10-3-2D1 (b) and 10-3-7 which states the maximum height of a fence is 6 feet. The property is at 102 Garden St. at the southwest corner of Rt. 47 and Garden St. A motion and second to open the Public Hearing was made by Skinner and Bromann, respectively. Robert Edwards, President of RWE Management said he is building Yorkville Animal Hospital at 102 Garden St. and is requesting a variation for an 8-foot fence. This is for security for the dogs that are let out in the yard at the hospital. He said it would be in the best interest of the animals as well as the neighbors. He also described the type of fence he would construct and a 2x12 piece of lumber will be set in the ground to prevent digging. Trees and shrubs will be planted around the fence. Page 3 of 4 Mr. Edwards said he had not applied for this variance earlier due to timing, however, he had prior discussions with Ms. Kurtzmann. Additionally, there had been some engineering issues that took about 45 days. Resident J. R. Brittenham, a resident of Prairie Garden, said he did not see the need for 2 extra feet in the height. He added that the clinic location amidst office buildings, came as a surprise. The Hearing was then closed on a motion by Skinner and second by Woods. Unanimous voice approval. Discussion The Board members agreed that the extra fence height is needed for the animals' safety and security Ms. Kurtzmann conducted her Finding of Fact for this petition Woods moved and Bromann seconded to approve ZBA 2008-03 fence height requested and also recommended the construction of a bronze colored, industrial grade fence as indicated by the petitioner. Roll call vote: Bromann-aye; Skinner-aye; Funkhouser-aye; Woods-aye; Baker-aye. This motion was unanimously approved and this petition will move to the Committee of the Whole on August 26`h. New Business: 1 . Discussion of Sign Ordinance 2008-58 The City has already passed this ordinance so a motion was made by Bromann and seconded by Woods to close this discussion. It was carried on a voice vote. Skinner asked about some of the signs in town that are less than desirable or non- compliant and how property owners would be notified. Ms. Kurtzmann said that at this time, the City has not given guidance for this. Real estate banners hanging from decks, other banners and a canvas house rental sign were also briefly discussed. Additional Business: 1 . Ms. Kurtzmann said a Conservation Foundation flier for a seminar was included in the packets. The City will pay the fee if Board members are interested. 2. She also asked if Board members are interested in receiving ZBA packets by email or continue to receive paper copies. Page 4 of 4 There was no further business and a motion was made and seconded by Skinner and Funkhouser respectively. Passed unanimously. Meeting adjourned at 8:08pm. Minutes by Marlys Young Minute Taker Page I of 1 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, September 3, 2008, 7pm Council Chambers Board Members in Attendance: Jeff Baker, Chairman Chris Funkhouser Others In Attendance: Anna Kurtzman Kay Livingston JoAnn Gryder Mark Heimsoth Joe Lusk At 7: 15 the meeting was called to order by Chairman Jeff Baker. Roll Call: Roll call was taken and it was determined that there was no quorum. Previous Meeting Minutes: August 6, 2008 The minutes were not reviewed due to lack of a quorum, Public Hearing: 1. ZBA 2008-04 Joe Lusk filed an application requesting reductions in the front yard setback from 30 feet to 25 feet, Section 10-6C-4A; and a reduction in the side yard setback from 30 feet to 3 feet, 3 inches, Section 10-6C-4B. The property address is 308 Walnut St. Funkhouser made a motion to open the Public Hearing and Balser seconded. Motion passed unanimously. Since there was no quorum, Chairman Baker said the Public Heating would be opened and continued because the Public Hearing had been advertised. Funkhouser moved and Baker seconded to continue the Hearing. Motion passed unanimously, It will be continued to October I at 7pm. A motion was then made for adjournment by Funkhouser and seconded by Baker. Motion passed. Meeting adjourned at 7: 18pm. Minutes by Marlys Young, Minute Taker clik n - United City of Yorkville p County Seat of Kendall County ESS , 1836 6DD Game Farm Road N Yorkville, Illinois 60560 p ��� Ga p Phone: 630-553-4350 Fax: 630-553-7575 LE ;ZOZA APPLICATION VARIANCE REQUEST Date of Submission: 1 . Name ofPetitioner(s): Address: Phone Number: 630 29K-9I11 ' Fax Number: tl :�p gs: 2 '©a7/ 2- Name of holder of legal title, if different from #1 : ! AA., P 3 - 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: 3W 404'GA ,� 1/xAV,11i b. Proposed name of subdivision (if any): U�Ja c. Legal description of property for which zoning variance is sought: f-A /�-o >f-ro', . Y��.a jo.u..v uL' /.3.1✓'ay�>L �T� e � (If more space is need d, ttach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: 5 . Names and addresses of any adjoining or contiguous landowners and property owners within 250' 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: S,-GTa,� l� � C `l� Q� � � ��� �� 4�r/�AC� Ap,,,, gar yz (�fi �4ftr� S ee`d�/1 cl 3� t �0 3 .31 Page I of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: yz Attorney: Name: Address: G�p9 6ax 1. Ar1104x r.; at-f-04 Phone Number: 63o 3 y `/ Fax Number: 8 . Submit application with a filing fee in the amount of $85.00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). 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 to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. 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) (Legal property owners s Inature must appear on this application.) / Ac CYA Subscribed and sworn before me this ,� day of 20011 i� nP4a�'c+ AUDREY F. WILKINSON (� Notary Pllb11C AOFFOAL w MY COMMISSION EXPIRES L• ' MARCH 28, 2010 FOF h� Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 2 of ') United City of Yorkville Variance Request Application Revised: 227/04 VARIANCE REQUEST PETMONER ROUTE Step 1 : Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official 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 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 given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be tiled by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The request will be discussed in an informal atmosphere at the Committee of the Whole wbere no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. 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 Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: 7- 3/ 8 Page 3 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 C er: e �6ae�s g r _ A I e e f - ::otutet:uvtar� - wrutc::uub Y uut YCCat i.�tatc ..,ut.t.ctwttty i nGc t �t t ... Detached Single MLS #: 06500210 STAT: PCHG ARFA: 560 f�fd LOW 05/02/2007 CfGF: LP: $135r,90II' LD: 05/01/2007 MRKT TIME: 74 OLP: $170,000 OMD: LISTING MRKT TIME: 74 SP: CONT DT: SELLING OFC: FIN: CLSD DT; SELLING AG T: PNT: yam• ADDRESS: 308 WALNUT ST " CITY: YORKVILLE ZIP: 60560 DIR: RT 47 S. OF RT 34 TO WALNUT, EAST BIT.* B78: Y Cr OWN: Fee Simple SUB: YORKVILLE CNY: Kendall TWN: BRISTOL MODEL: DIM: 88 X 180 RMS: 7 BR: 3 BTH: 1 MBB: N FP: 1 BM-T: N BB: N PKN: S CltR5: 2 WF: 1,498 TXY: 2005TXC: Homeowner SAS: N PI 0228327004 MPN: ASF: ACR: ASM: FREQ: Not Applicable WI: Cl: GRS: YORKVILLE DIST#: 115 IH: YORKVILLE DIST#: 115 HS: YORKVILLE DIST#: 115 OT: DIST#: INTERMEDIATE COORDINATES: NORTH: 0 SOUTH: 14 FAST: 0 WEST: 42 - ROOM NAME SIZE LEVEL FLOORING WIN TRhTT ROOM NAME SIZE LEVEL FLOORING WIN TRMF Living Room: 10X15 Main Level Carpet Y 4th Bedroom: Dining Room: COMBO Main Level Carpet N Kitchen: 8X19 Main Level Vinyl Y Family Room: 12X17 Main Level Carpet Y Master Bedroom:MIS Main Level Carpet Y 2nd Bedroom: 10X16 Main Level Carpet Y 3rd Bedroom: 10X21 Main Level Carpet Y NC: N OD: AGE: 51-100 Years KIT: Pantry-Closet AIR: .2 (Window/Wall Unit) HEA: Gas, Forced Air AMN: IMPW: Weil-Private APP: IMPS: Sewer-Public ATC: IMPO: BAS: Crawl - INF: None BAT. LDS: Corner DIN: Combined w/ LivRm (WLR) Lot Size: .25-.49 Acre DRV: Gravel MAI: None ELE: Fuses NCO: - EQP: Water-Softener Owned, TV Antenna, Ceiling .Fan OTR: EXT: Aluminum/Vinyl/Steel Siding (AVS), Frame (FR) POS: Closing FEA: Deck, Porch, Storage Shed ROF: FND: STY: Ranch FPL: Location-Living Room, Wood Burning TPE: 1 Story GAR: None TRM: Conventional, FHA PAR: Off Street Remarks: THIS UNIQUED SHAPED HOME FEATURES COZY LIV RM W/FIREPLACE,LARGE FAM RM,CLOSET IN FAM RM LARGE ENOUGH FOR 2ND BATH.MUCH LARGER THAN IT LOOKS FROM STREET.NEEDS SOME TLC BUT BEING SOLD "AS IS".APPLIANCES NEGOTIABLE.OVER-SIZED BACK YARD, ENOUGH TO BUILD GARAGE.2 SHEDS.DECK FOR RELAXING OR ENTERTAINING.CLOSE TO SHOPPING.ONE OF THE LOWER PRICES IN YORKVILLE. SELLER'S MOTIVATEDM INTERNET LISTING: All REMARKS INTERNET: Y ADI: Y HEM: Y LIST: Exclusive Right To Sell CC: 2.5 SCI: None EMAIL: foryorhealth @yahoo.com; Lhaff- delancy@worldnet.att.net SHO: CALL LO FOR LB COMBO,EASY TO SHOW OWNER: OF RECORD AON: N PHONE: BROKER: SOUTHWEST REAL ESTATE ID#: 31620 PHONE: (630) 553-1412 AGENT: LORI HAFF-DELANCY ID#: 316200 PHONE: (630) 553-1412 CO-LIST: AAN: 630 327-6736 - http://mlsni.connectmls.com/common/Printab]eViewjspud=l 184389624140&poptJpPrin... 7/14/2007 NO 011K s I Ilk IN lt 2 . Nil IN FF r - Y .&r�a� Y IN it �K ti� 9_ -. L��_✓'i ...gam �.f � � � j � `A�Y IN`1R i IN Nl- ao � Lo V'�eR`ed' � QV IL �'a 'vJ x10 SRN 1��x11�``�✓ fo'Wx14' 8'vdKl3'� Wta�K=- gWXCo` D LMNG AREA 3 ffl n Pl & f ® f Suryev LOT 1 IN BLOCK 1 OF GALE'S ADDITION TO THE TOWN OF BRISTOL, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Commonly known as 308 Walnut Street. Walnut Street F.I.P. -,be 80.00 ' Set I.P.• (80.00) TD W sobs : AX fr"' �fi �CD '& sy Y ar/ .. . . 3.30 rt. N 56.4�� 0 io ` �d" ePLac .t mM . 3.77 Record distances and angles o � are in parentheses. oo. All distances are in feet and o decimal parts thereof. 13.6 Scale: 1" = 20' Shed F.I.P. .- Found Iron Pipe Shed , Concrete Foundation N , 11.1 u (80.00) , 80. 19 F.I. Stake F.I.P. Lot r} 8 i State of Illinois ) County of Kendall ) SS I, Thomas J. Todd, an Illinois Professional Land Surveyor, do hereby certify that the plat shown hereon, being completed in the field on January 16, 2008, is a correct representation of a survey performed at and under my direction. This professional service conforms to the current 4B 7sttandards for a boundary survey. Signed and sealed at r ois'o n 2008. `y '*'P R FF..S IONA i%%% Liven RV�OR . OF IllinoisPr £y o f o i? �rue b ® ° U ��t0 a a_ na I r . t D C/T�� United City of Yorkville County Seat of Kendall County 800 Game Farm Road EST. " » Yorkville, Illinois, 60560 09 �, 0 y Telephone: 630-553-4350 �O Fax: 630-553-7264 <ILE �? Website: www.yorkville.il.us September 22, 2008 TO: Yorkville Zoning Board of Appeals FROM: Anna B. Kurtzman, AICP �K SUBJECT: ZBA 2008-04 308 Walnut Street HEARING DATE: On September 3,2008, the Zoning Board of Appeals opened a public hearing to hear the case listed above. This case was continued to Wednesday, October 1,2007, at 7:00 pm at City Hall. REQUEST: The applicant,Joe Lusk, is requesting relief from Section 10-6C-4A of the zoning code, decreasing the front yard setback from 30 feet to 25 feet and from Section 10-6C-4B,reducing the side yard setback from 30 feet to 3 feet 3 inches to make add onto the existing house. CONDITIONS: The 12,800 sq ft subject property is zoned R2. The surrounding properties are zoned and used as indicated below: Zoning Use North R-3 PUD Townhomes South R-2 Single Family detached East R-1 Church West R-2 Single Family detached Please be aware that since the case was opened the applicant has submitted a new site plan (see attached). The applicant indicated to staff that the reason for this new site plan is to provide a greater separation between the garage/driveway and the street intersection. 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 Zoning Board of Appeals ZBA 2008-04 September 22, 2008 Page 2 of 2 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. Section 10- 14-5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. In regards to setback variances, the ZBA is the final authority only if the requested variance is less than 25% of the standard. In this case, the requested front yard setback is 16.7% of the standard and the ZBA's decision will be final. In regards to the side yard setback, the request is 89.2% of the standard and the ZBA's recommendation 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 Filename: \\Coyserver\User Folders\AKurtzman\My Docmnema\ZBA\308 Walnut - Lusk\staffreport 9-22-08.doc Memorandum To: ZBA members EST. y teas From: Anna Kurtzman, Zoning Coordinator 04 W CC: Annette Williams (for distribution) 09 p Date: September 25, 2008 Subject: 2009 ZBA meeting schedule 4E 2009 Zoning Board of Appeals Submittal Deadlines Submittal Notice Deadline Zoning Board of City Council** Deadline * Appeals November 17, 2008 December 23, 2008 January 7, 2009 Januar 27, 2009 December 22, 2008 January 20, 2009 February 4, 2009 February 24, 2009 January 19, 2009 February 17, 2009 March 4, 2009 March 24, 2009 -February 16, 2009 March 17, 2009 Aril 1 , 2009 Aril 28, 2009 March 16, 2009 April 21 , 2009 May 6, 2009 May 26, 2009 April 20, 2009 May 19, 2009 June 3, 2009 June 23, 2009 - May 18, 2009 June 16, 2009 July 1 , 2009 July 28, 2009 June 15, 2009 July 21 , 2009 August 5, 2009 August 25, 2009 July 20, 2009 August 18, 2009 September 2, 2009 September 22, 2009 August 17, 2009 September 22, 2009 October 7, 2009 October 27, 2009 September 21 , 2009 October 20, 2009 November 4, 2009 November 24, 2009 October 19, 2009 November 17, 2009 December 2, 2009 December 22, 2009 * Submittal includes completed application form and all supporting documents. ** Tentative meeting dates. Not all ZBA cases go to City Council for approval. These are Council dates assuming the case proceeds to City Council for approval. FoldersWKurizmanQdy DocumenlsVBA\2009 Deadline Schedule.doc