Zoning Board of Appeals Packet 2007 10-03-07 United City of Yorkville
800 Game Farm Road
EST. 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
0 p
�W p Fax: 630-553 -7575
AGENDA
ZONING BOARD OF APPEALS
Wednesday, October 3, 2007
7:00 P.M.
City Council Chambers
Meeting called to order:
Roll Call:
Previous Meeting Minutes (Corrections/Approval): September 5, 2007
Public Hearings:
1 . ZBA 2007-34 Lawrence and Joanne Franklin, petitioners, have filed an application with
the United City of Yorkville, Kendall County, Illinois, requesting a variance from
Yorkville City Code. The real property's address is 212 Spring Street, Yorkville,
Illinois, which is generally located at the southwest corner of Spring Street and Liberty
Street. Petitioners are requesting a variance from Section 10-3-5A of the Municipal
Code, which states that accessory buildings must be located at least five (5) feet from the
rear and side lot lines.
Old Business:
Additional Business:
Adjournment:
Page 1 of 3
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, September 5, 2007, 7pm
Council Chambers
Board Members in Attendance:
Jeff Baker, Chairman
Chris Funkhouser
Dean Bromann
Mike Skinner
Ryan Woods
Others In Attendance:
Anna Kurtzman
Thomas & Roxann Sega
At 7:04 the meeting was called to order by Chairman Jeff Baker.
Roll Call:
Roll call was taken and a quorum was established. Ms. Kurtzman stated that Board
Member Ralph Pfister has resigned from the Board effective last week.
Previous Meeting Minutes (Corrections/Approvals): June 6, 2007
On a motion by Skinner and second by Bromann, the minutes of June 6, 2007 were
approved as read. Passed unanimously on a voice vote.
Public Hearings:
Chairman Baker entertained a motion to enter into Public Hearing. Woods moved and
Skinner seconded to enter into Public Hearing. Roll call vote was taken: Bromann-aye,
Skinner-aye, Baker-aye, Funkhouser-aye, Woods-aye. Unanimously approved.
1 . ZBA 2007-19 Thomas M. and Roxann J. Sega, petitioners, have filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting
a variance to Section 10-3-5C of the Yorkville Zoning Code to increase the
maximum height of a detached accessory building from 15 feet to 21 feet. The
real property's address is 505 Heustis Street, Yorkville, Illinois, which is located
on the west side of Heustis Street, approximately 80 feet north of Fox Street.
The Sega's were asked to explain their intentions with the variance request. Mrs. Sega
said they wish to replace the existing shed on their property that is ready to fall down.
After searching, they found a plan that fits with their home that was built in 1896. It is a
Page 2 of 3
barn-like structure and is 21 feet tall with a second story over half of the building. They
later discovered it would be 6 feet higher than what is allowed by ordinance. The plan
also fits with the area that has many historical homes. Mr. Sega added that many of the
existing garages on Heustis are taller than 15 feet and many of those were grandfathered.
When asked by Skinner about the intended use for the second story, the Sega's said they
will use it for storage and construct a workbench in that area. They have not applied for
sewer or water for the garage according to Ms. Kurtzman, but they have applied for the
building permit. Board member Skinner expressed concern about a possible second
dwelling in the upper story, by future owners.
As there was no further discussion in the Public Hearing, a motion was made by Woods
and seconded by Funkhouser, to end the Public Hearing. The motion was approved
unanimously on a roll call vote: Woods-aye, Funkhouser-aye, Baker-aye, Skinner-aye,
Bromann-aye.
Discussion
The Board then entered into discussion regarding this matter. Skinner noted a letter of
support had been received from the Sega's neighbors JoAnn and Douglas Pierce. This
letter will become a permanent attachment to the minutes. Mr. Skinner cautioned that the
Board must be careful in these matters so that permits are not requested for sewer and
water or drains, resulting in the possibility of a second dwelling.
Ms. Kurtzman noted that this Board only makes recommendation and the matter will
proceed to the Council. She added that the standards that allow the Board to make a
recommendation, do not include height restrictions.
Board Member Woods commented that he thought the plan was a good design and fit in
well with the neighborhood. No complaints had been received from any neighbors and
the Fire Department had no objections.
There was no further discussion and Ms. Kurtzmann reviewed the Finding of Fact:
(Standards Paraphrased)
1. .. . .due to physical surroundings . ..a hardship would result as opposed to an
inconvenience:
Response: no
2. . . .petition for variation based on conditions. ..are unique to property
Response: yes, applicable to area
3. .. . alleged difficulty.. caused by this title and not created by any person having an
interest in the property
Response: Alleged difficulty is self-imposed, title is not the cause
Page 3 of 3
4. . ..granting of the variation not detrimental to public welfare . ..
Response: no
5. . ..proposed variation will not impair adequate supply light and air
Response: will not impair, adds to property value
a. Action Item
A motion was made by Mike Skinner to approve ZBA PC 2007-19 and grant the variance
requested to increase the maximum height from 15 feet to 21 feet. It was seconded by
Bromann. A roll call vote was taken: Funkhouser-no, Wood-aye, Skinner-aye,
Bromann-aye, Baker-abstained. Motion passed.
Ms. Kurtzman explained the next steps in the variance request and encouraged the Sega's
to attend the City Council meeting on September 25`h when the matter would be
discussed.
Old Business:
None
Additional Business:
Skinner asked if there was any further information on the sign ordinance and there was
none.
The meeting was adjourned on a motion by Woods and second by Bromann. Motion
approved on a voice vote and meeting adjourned at 7:25pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker
on United City of Yorkville
EST. 1036
County Seat of Kendall County
600 Game Farm Road
1 \�
.4 0� � try Yorkville, Illinois 60560
O L O Phone:630-553-4350
M v`= Fax:630553-7575
LE v
APPLICATION
VARIANCE REQUEST
Date of Submission: 7
1. Name ofPetitioner(s): LC(J1enre eLJ S-ante Fl-e klh
Address: 2-12 -S n�
Phone Number: q 3 (ogee ` -`13%Fax Number:
2. Name of holder of legal title, if different from#1:
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:: )2 /Z n -
c . /111 C.Brnr/, o4 Hof, .4 si r-A L be,-4Y S
b. Proposed name of subdivision(if any): NIA
c. Legal description ofgp�roperty for which zoning variance is sought: to f 9 13lec k l y
J
(If more space is needed, attach as "Exhibit A".D
d. Kendall County Parcel Number(s) of property for which variance is sought:
oz -33 - lo3 -oo s-
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 "E)chibit B".)
6. State the variance requested and the City ordinauc includi the secjion numbers to be
varied: /() - .3 _S re� �� k o- �f �c �'r e.n aC' PSSo1
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re - /Y-f f-1c Ti `T7 /
/0 --3- �5 It re - -.e. s:-r k-r-J s'� =T'� � eii 4 cec sSc. , L'U'JM
Jj� le GI�a�j S lee r 1
ll � „� y-tc,
Page 1 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:
Attorney: Name:
Address:
Phone Number: 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 �Aritness 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) (L, egal property owners signature must appear on this application.)
14L
Subscribed and sworn before me this _J�_ILJ� day of 200r L. A
Q OFFICIAL SEAL Notary Public
p DONNA E. SMjTH
(. NOTARYPOBLIf 5TATEn ILLIt
MY COMMISSION ER°iqE 7 IE t
Notary Stamp
TMS APPLICATION MUST BE NOTARIZED.
Page 2 Of ')
United City of Yorkville Variance Request Application Revised: 2127104
7. Name, address, phone number and fax number of person to whom inquirie regarding this
petition may be directed: L a AJ ! e; C2 F'^ ,,`� Pp4 e ;
rkV, We'T.? 601SX
Attorney: Name:
Address:
Phone Number: 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.)
Subscribed and swom before me this day of 200
Notary Public
Notary Stamp
TINS 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 Committee 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 2 G P
Page 3 of 3
United City ofYorlville Variance Request Application Revised: 2/27/04
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c'rk United City of Yorkville
2 A O
J G T County Seat of Kendall County
EST 1836 800 Game Farm Road
I Yorkville, Illinois, 60560
Telephone : 630- 553-4350
Sfr5; �O Fax : 630- 553-7575
Website : www .yorkville. il . us
September 17, 2007
TO: Zoning Board of Appeals
FROM: Anna B. Kurtzman, AICP 6KIC
SUBJECT: Zoning Variance Request
212 Spring Street
PC2007-34
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,
October 3, 2007, at 7:00 pm at the City's Council Chambers (located at 800 Game Farm Road).
REQUEST:
The applicants, Lawrence and Joanne Franklin, own 212 Spring Street, Yorkville, Illinois
(Property Identification Number 02-33-103-005) located at the southwest corner of Spring Street
and Liberty Street. The legal description for the subject property is attached to this report. This
lot is currently zoned R-2 (one-family residence district) and is improved with a single-family
detached house and a detached shed. The owner is requesting the following variances:
1 . Section 10-3-5A of the Yorkville Zoning Code to reduce the side yard setback for a
detached accessory structures from 5 feet to 17 inches (a 72% reduction) and reduce
the rear yard setback from 5 feet to 18 inches (a 70% reduction).
CONDITIONS:
The surrounding properties are zoned and used as indicated below:
Zoning Use
North R2 Single-family detached housing
South R2 Single-family detached housing
East R2 Single-family detached housing
West R2 Single-family detached housing
Staff notes that, on November 14, 2006, the property owner submitted an application for permit
to erect a shed. As part of the application the owner supplied a plat of survey showing the
location of the proposed shed (see attached). On November 16, 2006, a permit was issued to
ZBA
212 Spring Street — PC2007-34
September 17, 2007
Page 2 of 2
erect the shed. The applicant failed, as noted on the permit issuance card ("green card") to
request an inspection. On November 27, 2006, the Department of Building Safety received a
compliant regarding the location of the shed. Upon researching the compliant staff noted that the
shed is located too close to the rear and side property lines. On November 27, 2006, a letter was
sent to the property owner notifying him of the violation to the zoning code and offering three
options: to move the shed to be compliant with the zoning code, to remove the shed from the
property, or to seek a variance. On July 30, 2007, the City issued Mr. Franklin a ticket regarding
the location of the shed. On August 22, 2007, the applicants filed a request for variances (as
outlined above). Since the filing of the variance, Ms. Kate Edwards has provided three photos of
the property showing the location of the shed, which she has noted were taken on November 15,
2007 (see attached).
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 and rear yard setbacks for an accessory structure by more
ZBA
212 Spring Street — PC2007-34
September 17, 2007
Page 3 of 3
than 25%. 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
Attachmmts
Filename: \\Coyser er\User Folders\AKurtzman\My Documents\ZBA\212 E Spring\9-17-07staffinemo.doc
ZBA
212 Spring Street — PC2007-34
September 17, 2007
Page 4 of 4
LEGAL DESCRIPTION OF 212 SPRING STREET
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