Zoning Board of Appeals Packet 2008 09-03-08 United City of Yorkville
il Jill '" 800 Game Farm Road
EST. 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
NMiM'ICwmv S�
ZONING BOARD OF APPEALS
AGENDA
Wednesday, September 3, 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
Public Hearings:
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.
Adjournment
Page 1 of 4 �F
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, August 6, 2008, 7pm
Council Chambers
Board Members in Attendance:
Jeff Baker, Chairman
Dean Broma m
Chris Funkhouser
Mike Skinner
Ryan Woods (an. 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
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United City of Yorkville
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s� County Seat of Kendall County
EST. 1836 800 Game Farm Road
0 Yorkville, Illinois 60560
p ��� G7 p Phone: 630-553-4350
OP, «. 4� v��' Fax: 630-553-7575
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Pte # '20011 - Q
APPLICATION
VARIANCE REQUEST
Date of Submission:
L Name ofPetitioner(s): 44°Slc
Address: T& x, `e IL e�o
Phone Number: 63o 2M-91:2 . 1 ` Fax Number. o 3'0 95- 2 �®a7/
2. Name of holder of legal title, if different from #1 : !�Arti �e
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:
Oizec� 4 o PIanL. 1cr, )W5 Fmµ
b. Proposed name of subdivision (if any): P/h-
c. Legal description of property for which zoning variance is sought:
/,�-c�[`/,Hd;v 4-; od' /.3Xas�IoL j �.0 fA ..e eD„f.
* c� / eu � nWis / `6 obA
(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
vaned: lD 4/ C. 1/� Q� J.e_oC4
yam•/ o 3, t +^ 3
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:
a14"
Attorney: Name: ��k Z � �L
Address: (;Iy tw 4 , /4eleO44
Phone Number: C 3cp ° Y 3 �/ • 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 signature must appear on this application.) J
Subscribed and swom before me this _ day of 12 200 .
so�"•a�;.a�� AUDREY F. WILKINSON
Notary Public
OFFICIAL MY COMMISSION EXPIRES
�' • sen�• o MARCH 28, 2010
FOF M1�
Notary Stamp
THIS APPLICATION MUST BE NOTARIZED.
Page 2 of 3
United City of Yorkville Variance Request Application Revised: 2/27/04
VARIANCE REQUEST
PETITIONER 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 filed 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 Couunittee of the Whole where 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: 2 - 3/ mA _ cz A?o
Page 3 of 3
United City of Yorkville Variance Request Application Revised: 2/27/04
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GU111iCG L1VILJ - l..Ufi11GG Uilb 1 VUf AGUI LJLµLG \.V11f:LUlL I) t'n SC 1 01 1
Detached Single MLS #: 06500210 STAT: PCHG AREA: 560
LDR: 05/02/2007 CTGF: LP: ..$ B;oOQ'
LD: 05/01/2007 MRKTTIME: 74 OLP: $170,000
OMD: LISTING MRKT TIME: 74 SP:
CONT DT: SELLING OFC: FIN:
'; ` , '� ! •f-�' CLSDDT: SELLINGAGT: PUT:
ADDRESS: 308 WALNUT ST
CITY: YORKVILLE ZIP: 60560
DIR: RT 47 S. OF RT 34 TO WALNUT, EAST
BIT: B78: Y CT:
OWN: Fee Simple SUB:
CRP: YORKVILLE CNY: Kendall TWN: BRISTOL
MODEL: DIM: 88 X 180
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RMS: 7 BR: 3 BTH: 1 MBB: N FP: 1 BMT: N BB: N PKN: S
�_ ..... -.- - - � - CARS: 2 WF: 11498 TXY: 2005TXC: Homeowner
SAS: N PI 0228327004 MPN: ASF: ACR:
ASM: FREQ: Not Applicable WI: Cl:
GRS: YORKVILLE DIST#: 115 )H: YORKVILLE
INTERMEDIATE DIST#: 115 HS: YORKVILLE DIST#: 115 OT; DIST#:
COORDINATES: NORTH: 0 SOUTH: 14 EAST: 0 WEST: 42
- ROOM NAME SIZE LEVEL FLOORING WIN TRMT ROOM NAME SIZE LEVEL FLOORING WIN TRMT
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:12X18 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: Well-Private
App: IMPS: Sewer-Public
ATQ 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: I 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 MOTIVATED!!!
INTERNET LISTING: All REMARKS INTERNET: Y
ADL• 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 HAFT-DELANCY ID#: 316200 PHONE: (630) 553-1412
CO-LIST: AAN: 630 327-6736
http://mlsni.connectmis.com/common/PrintableView.jspud—I 184389624140&popUpPrin... 7/14/2007
Plat Of Survey
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. ooe
80.00 Set I.P.
(so.tio)
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lot . ..
20.66 u 'etf r � T d Q g
G� `JG!fy' 3.30
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56.4 AIM I
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rn Record distances and angles
0
are in pa;:.nttieses.
° All distances are in feet and
decimal parts thereof.
13.6
Scale: 1" = 20'
Shed
F.I.P. = Found Iron Pipe
Shed
Concrete Foundation
11.1
N (80.00) • �*
80 . 19 ,..�
F.I. Stake F.I.P.
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Lot e° +
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State of Illinois ) I .
County of Kendall ) SS
I, Thomas I. 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 0)?q standards for a boundary survey.
Signed and sealed at ols'Oa 2008.
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PR FF.S�lONA
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YE �10R
Illinois Pr. yssional OF No67 I rue North
Licence
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01 ° °'r, United City of Yorkville
County Seat of Kendall County
EST , W6 800 Game Farm Road
Yorkville, Illinois, 60560
w Telephone: 630-553-4350
Fax: 630-553-7264
Website: www.vorkville.il.us
August 25, 2008
TO: Yorkville Zoning Board of Appeals
FROM: Anna B. Kurtzman, AICP VA
SUBJECT: ZBA 2008-04
308 Walnut 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, September 3,
2008, 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
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.
Zoning Board of Appeals
ZBA 2008-04
August 25, 2008
Page 2 of 2
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, 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: \\Coysmer\User Foldm\AKurtzmaa\My DocumentAZBA\308 Walnut - Lusk\staff report 8-25-08.doc '..