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Zoning Board of Appeals Packet 2007 05-02-07 =.AEU C17.o United City of Yorkville '" 800 Game Farm Road EST. , � 1836 Yorkville, Illinois 60560 < Telephone: 630-553-4350 9 ` Fax: 630-553-7575 W p <4 E AGENDA ZONING BOARD OF APPEALS Wednesday, May 2, 2007 7:00 P.M. City Council Chambers Meeting called to order: 7:00 p.m. Roll Call: Previous Meeting Minutes (Corrections/Approval): February 7, 2007 Public Hearings: 1. PC 2007-13 Yorkville Congregational Church, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance to allow an electronic message board to replace an existing sign (Code 8-11-3 Paragraph C and E). The real property's address is 409 Center Parkway, Yorkville, Illinois, which is generally located at the northwest corner of Center Parkway and Countryside Parkway. a. Action Items i. Variance to allow electronic message board Old Business: Additional Business: Adjournment: Page 1 of 6 �F UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, February 7, 2007, 7pm Council Chambers Board Members in Attendance: Bill Davis, Chairman Ben Moe Chris Funkhauser Mike Skinner Dean Bromarm Absent: Ryan Woods, Ralph Pfister Other City Staff In Attendance: Anna Kurtzman Guests: Randy Bruggraf, Pearle Vision Eric Gramud, Smith Engineering Rose Ann Uitich, Pearle Vision Vince Rosanova, DBCW Ltd. Verne Henne, resident Lonnie Avery, resident Linda Corrington, resident The meeting was called to order at 7:04pm by Chairman Bill Davis. Roll call was taken and a quorum was established. Previous Meeting Minutes: January 3 2007 December 6, 2006 Mike Skinner moved and Ben Moe seconded to approve the minutes of December 6, 2006. Motion carried unanimously. The January 3 , 2007 minutes were approved unanimously on a motion and second by Dean Bromann and Ben Moe, respectively. Public Hearing #1 Mr. Skinner moved and Mr. Moe seconded to enter into Public Hearing PC 2006-90 Brighton Oaks II. This variance request pertains to property south of Route 71 , adjacent to and north of Highpoint Road. Petitioner Fox Valley View, requested a variance to ordinance 10-6C-4B, a side yard setback, to allow for 7.5-foot setbacks in lieu of the required 10-foot setbacks to provide for units including a 3-car garage. Attorney Vince Rosanova presented the information regarding the request. This property consists of 37.5 acres and is north of East Highpoint Road and south of Legion. It is Page 2of6 designed for 53 lots with a 1 .4 density that is in conformance with the Comprehensive Plan. R2 zoning actually allows 3 .3 density. The petitioner is requesting this variance in order to enhance lots with 3-car garages and would only apply to those lots. Lot sizes will range from 12,000 to 18,000 square feet. It was noted by Attorney Rosanova that the City had set a precedent by allowing similar setbacks in the Bristol Bay subdivision. However, it was noted that these setbacks were allowed as part of a PUD. Mr. Rosanova reviewed the Finding of Fact and presented information regarding each point: 11 . . .physical surroundings. . .shape ofproperty, ..a hardship..would result Attorney opinion: Large portion of property is encumbered by wetlands, odd shape, bordered by Highpoint Rd. that will be buffered, only a small number of lots will be affected, City would lose quality subdivision if not granted 2. .. unique to property. . .and not applicable to other properties in same zoning class Attorney opinion: constrained by wetlands, surrounding area is County subdivision, no other City development in area, shape is unique. 3. . . .hardship by title..not created by person.. Attorney opinion: unusual shape of property and near Aux Sable Creek 4. . . .not detrimental to public welfare. . . Attorney opinion: will have positive impact due to increased price and subsequent taxes. 5. . . .will not impair light, increase congestion.. Attorney opinion: higher quality homes, 3 car garages, no increase in density, no increased congestion Mr. Rosanova said this request will go before the Council at the February 201h COW and then to the February 27th City Council. He requested a positive recommendation. Linda Corrington, a Highpoint Road resident, then presented information. She said she lives upstream from this property and already the creek overflows and soil has washed into the stream. The water does not drain very rapidly and she said a nearby culvert needs to be lowered. She also asked if a traffic study had been done because the subdivision will add 100 more cars on Highpoint Road. Ms. Corrington was also concerned about who would maintain detention basins. Finally, she said this development could impact nearby property values. Page 3 of 6 Attorney Rosanova replied that he and Eric Granrud of Smith Engineering are working with Ms. Corrington to eliminate the negative impact. The lot sizes will also be reviewed by Mr. Wywrot since the development would be part of the City. The Board members then entered into their discussion of this request. This matter has gone before the Plan Commission with a unanimous recommendation. Mr. Skinner asked if the Commission was aware that this variance request would follow. Ms. Kurtzman said that type of request would not be discussed at the Plan Commission (P.C.) meetings. Chairman Davis said he had spoken with the Chairman of the P.C. who said the minimum setback should be maintained at 10 feet for safety reasons. Mr. Rosanova argued that these homes would be quality, custom homes with low density. He said the plan will be reviewed again and he will discuss it with William Dettmer and the Fire Department. Chairman Davis said nothing less than 10 foot setbacks had been approved in the history of this Board. He commended the nicer architecture, but said safety comes first. Board member Skinner said that in the future, the City should consider making the streets wider to accommodate an increasing number of cars per household. Mr. Moe questioned if the ordinance itself should be revised, but at this time safety is the primary concern. Elimination of some of the lots was suggested by Mr. Funkhouser, as a way to achieve the 10-foot setbacks. He added that the ordinance is in place for protection. Ms. Davis said that this Board would only make a recommendation to the City Council and that this property has not been annexed yet. He also stated that the Board would be willing to review the request again after the Fire Department is satisfied. In response to Ms. Corrington's concerns, it was noted that the City has higher standards regarding grading [for water drainage] than does the County. The City would be liable if there were problems with the inflow and outflow. The Finding of Fact was then reviewed by Ms. Kurtzman: 10 . . .because ofphysical surroundings..a hardship would result. Response: this was self-created Z . . .conditions are. . .unique to theproperty. . . Response: no 3. . . .hardship is caused by Title and not by any person. . . Response: No, not caused by Title Page 4of6 4. . . .granting of variation not detrimental Response: no, not true 5. . . .will not impair adequate supply of light and air. . .or increase danger to public Response: no, not true A motion was then made and seconded by Dean Bromann and Chris Funkhouser, respectively, to allow the variance request. The motion failed on a 4- 1 roll call vote. Public Hearing #2 ZBA 2006-99: Petitioner Randall Burggraf, Pearle Vision, filed an application requesting a variance on property at 620 W. Veterans Parkway. He is requesting a variance to Ordinance 8- 114C313 to place additional signage on the rear of the building facing westbound Route 34 traffic. The building in question is at the top of the hill at Cannonball Trail and Route 34. He said the sign ordinance allows a sign to face the street. He said there would be no impact on the south end of the property and the north side is undeveloped. There is presently a retail strip mall on the west side. Ms. Kurtzman noted that while Mr. Burggraf had filed the petition for Pearle Vision, the building owner, Jim Ratos, wants the variance applied to the entire building since he will lease space on the north end to a restaurant. • sign would be allowed on the north side, by ordinance, according to Mr. Funkhouser. • free-standing sign will be erected by Mr. Ratos at Rte. 34 and Big Oak Drive and it was noted there is a sign there at this time. Ms. Kurtzman also said there could be a potential sight distance triangle problem. Mr. Verne Henne, a nearby resident and property owner, then presented information opposing this request. He said this building was oriented to accommodate the depth of the building. There would be a potential for many signs for this building due to its orientation. Mr. Lonnie Avery, who lives adjacent to this property in question, said that granting the variance would set a precedent. He is opposed to additional signs and especially if they are neon in nature, due to the nearby recreational pond. In conclusion, Chairman Davis said as part of the sign ordinance update, the trend is to reduce the number of signs due to negative visual impact. Page 5 of 6 Ms. Kurtzman then reviewed the Finding of Fact for this case: 1. . . .because ofphysical surroundings..a hardship to the owner would result. Response: The unique plan of this building was created by the building owner to maximize use of the building. 2. . . .conditions are unique to property.. Response: has adequate signage on north side 3. . . .effect on pedestrian and motor traffic Response: not applicable. 4. . . .cost to applicant, as opposed to detriment Response: not applicable 5. . . .general intent of this chapter Response: no There was no further discussion and Mike Skinner moved to accept this variance request. The motion was seconded by Ben Moe. On a roll call vote, the motion was defeated unanimously. A motion was then made and seconded by Mike Skinner and Dean Bromann to close Public Hearing. Motion carried. Old Business: A motion to enter into Old Business was made and seconded by Ben Moe and Mike Skinner. Carried unanimously. Chairman Davis said he had received the updated Sign Code and he said staff had obtained various sign height and size information from other towns. There was a brief discussion on some specific signs in the area and the Board members said they were comfortable with the guidelines they had set forth at the December, 2006 meeting. They noted they did not want "large" monument signs. (See December, 2006 minutes, page 3). Staff will be given direction from the guidelines in the minutes. Mr. Funkhouser said he was comfortable with the multi-tenant sign restrictions. Mike Skinner and Ben Moe moved and seconded to close Old Business. Carried unanimously Page 6 of 6 Additional Business: A motion was made by Mike Skinner and seconded by Ben Moe, to enter into Additional Business. Carried unanimously. Chairman Bill Davis announced that he will be stepping down as Chairman of this Board, as of March 2& since he is moving outside the City. Mr. Davis also paid remembrance for former Board Member Harold Feltz who recently passed away. Mr. Feltz served on the Board from 1976 to 2006 with integrity and devotion. He was also instrumental in mentoring Mr. Davis for this Board. Mike Skinner suggested sending this remembrance to the City Council as well. He noted that Mr. Feltz was also an avid backpacker and skier and ran marathons. He also spoke to the Boy Scouts at one time. He will be greatly missed. In other additional business, Mr. Skinner made a motion to direct City employees to park City vehicles in the back lot, rather than the front lot, on meeting nights. This will increase the parking spots available on those nights. Dean Bromann seconded this motion. Carried unanimously. There was no further business and Ben Moe moved and Chris Funkhouser seconded to adjourn. Adjourned at 8 :35pm Minutes by Marlys Young, Minute Taker T United City of Yorkville EST., 1B36 County Seal of Kendall County �` BOO Game Farm Road W Yorkville,Illinois 60560 Q - �7 �� p Phone:630-553-4350 _ Fax:630-553-7575 L/L LE PC# 4?,�)07 43 APPLICATION VARL4,NCE REQUEST Date of Submission: l Dom__ 1. Name of Petitioner(s): YA N K tt I L L E C'CMC&EGO -Tl ON-N CHURCH Address: 409 C1=&TER V A R K W A V , YO R KV I LL_E Phone Number: i( � TS3— 7309 Fax Number: 2. Name of holder of legal title, if different from#1: YoKI� f LLX C0AJGfE6ADD&AL CHUXu4 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: 4 Oq CEA)W Ph A KWRY, 0 I 111 CORMER OE CEMER PARKWAY 10000 MYSIVE FAKMAY b. Proposed name of subdivision(if any): c. Legal description of property for which zoning variance is sought: PT [ELK 4 Cbt.) TKV91nF CEAITEX (WIT �f (If more space is needed, attach as "Exhibit A":) d. Kendall County Parcel Numbers) of property for which variance is sought: 02 — Z4 — 226" — OIA 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: TO ALLOW A&) rLFCZR0A4C MESSAGE F3c#qR D 7-0 REPLACE AN EX(STfNG Y(60 PRoHI81TE0 S(GIUS yARAr;RWflN C w E 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 maybe directed: DAR E� L Zg13A T�E Qq W jj C.KE k DRIVE , Yox K11iLLE 553 - Z8q 3 - J"Irn DREW 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.) Q �72 - ( CHugc>t -TkOS Subscribed and sworn before me this a06 day of W& rf 200. . N ar Public OFFICIAL SEAL LISA PICKERING NOTARYFL1B - STATE OFILUNW hIN CONMI9810N E1�NE8:1?/13gB Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 2 of ') United City of Yorkville Variance Request Application Revised: 2/27/04 VARIANCE REQUEST PETTTIONER 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 neat 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: 3 l Z0 ] 07 WIA& :25-x Page 3 of 3 United City of Yorkville Variance Request Application Revised: 2 127/04 ® Sept 12, 2006 630-407-0802 Fax 630-407-0805 www.ChicagoSigns @aol.com Yorkville Congregational United Church of Christ Rev. Robert C. Stout 409 Center Parkway Yorkviille, IL 60560 630-553-7308 PROPOSAL: Remove existing sign panel from monument sign. Furnish and install replacement monument sign onto existing supports. 1) One 5' x 8' single faced sign: High impact acrylic face with second surface graphics. Aluminum construction, fluorescent illumination. Top section with logo and Yorkville Congregational Church copy. Bottom section with track for three lines of 6 inch zip letters. Hinged, locking vandal cover. Includes 200 zip letters and storage box. Price: $5,356.00 2) Alternate for electronic message center by Time O Matic in lieu of zip letters. 32x112 - 19mm LED matrix, 2' 4" x 8' size. Includes wireless control, temp sensor and phone training. Price: $12,225.00 (includes top sign 2' W x 8' as shown below). Permit expense additional or by others. Church to provide computer for EMC option. Electric service runs or wiring additional. Payment terms: 50% deposit with order, balance due upon completion. Submitted for approval: EqNapo Vice President I 96" I I � "Y® R LLE CONGREGATIONAL N CHURCH N 19mm Monochrome LED message center. 32x112 matrix. Wireless control, temp sensor. ........... _62 "R_ _Nt NCW 51GO M a*� -M-M . . ......... �g 'lafflamm q CL VMA.m Ot a W u-L7v.--& MN r'. ng 0 M 56 iz. tai :> MIN ME-! PIP. MW ON, 3P�AR,-.. 5M gp� Mlt" 'Tz ZVI"'Tc UM em i W BE P MIR M K77 MR CC Q W r 'Pin Mn�i� TT Z LAW w NNW ffi_t� Fjk'-"'� i' or nn-n wZg- OR. m MEN 011. I pe b"T MENEM,"' ;lNi in .... ........ ......... .1 7 °BCD C/Ty United City of Yorkville 0 � County Seat of Kendall County EST 1836 800 Game Farm Road Yorkville, Illinois, 60560 n ` y Telephone : 630- 553-4350 9 �0 Fax : 630- 553-7264 Website : www.yorkville. il . us April 13, 2007 TO: Zoning Board of Appeals FROM: Anna B. Kurtzman, AICP SUBJECT: Sign Variance Request 409 Center Parkway (Yorkville Congregational Church CASE #PC 2007- 13ZBA HEARING DATE: 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, May 2, 2007, at 7:00 pm at City Hall (800 Game Farm Road). REQUEST: The applicant, Yorkville Congregational Church, owns the approximately 4.3 acre property at the northwest corner of Countryside Parkway and Center Parkway. This lot is zoned R-2 (Single Family Residence District). The applicant is seeking relief from Section 8- 11 -3 C and E of the Municipal Code. These sections of the code states that, moving, rotating, animated, flashing signs and message boards are prohibited signs. The applicant is seeking to replace a message board with manually replaced messages with an electronic message board. CONDITIONS: This site is improved with a church (approximately 17,600 sq ft), associated parking lot, and a ground sign (measuring approximately 5 feet tall by 8 feet across for a total of 40 sq ft of signage). The sign, if approved, would use the existing stonework to help anchor it and to provide some decorative relief. The base stonework is approximately 1 foot tall and therefore the total height of the entire sign would be six feet tall, and would not exceed the maximum height requirement for a ground sign. The surrounding properties are zoned and used as indicated below: Zoning Use North R-2 Single family detached residences South R-4 Attached residences East R-2 Single family detached residences West R-2 Single family detached residences Zoning Board of Appeals Case 4PC2007- 13ZBA April 13, 2007 Page 2 of 2 STANDARDS FOR GRANTING A VARIANCE: Section 8-11 - 1117of the Municipal Code states: "The zoning board of appeals shall require from the applicants such sketches, drawings, or photographs as shall be necessary to indicate the present condition of the property or sign and the condition of the property or sign after the variation is granted. The zoning board of appeals may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variance is granted. In considering the applications for variance, the zoning board of appeals shall consider: 1 . any unique physical property of the land involved, 2. the available locations for adequate signing on the property, 3. the effect of the proposed sign on pedestrian and motor traffic, 4. the cost to the applicant of complying with this chapter as opposed to the detriment, if any, 5. to the public from the granting of the variance, and 6. general intent of this chapter. DECISSION Upon closing the hearing, staff requests that the Zoning Board of Appeals make findings based upon each of the standards listed above for each variance being sought. The purpose of the standards is to help guide you in making your decision. (Section 10-14-5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. Variances from Sign Code are not covered by this section therefore, the ZBA will be making a recommendation to the City Council regarding this variance.) After making your findings, staff recommends that the Board make a recommendation regarding each variance sought, which will then be forwarded to the City Council. Your recommendation may be to approve the requested variance(s), recommend approval of the requested variance(s) with conditions) or recommend denial of the requested variance(s). /abk Attachments C: W. Dettmer, G. Williams, T. Miller, D. Zarate, J. Drew Filename: \\Coyserver\User Folders\AKurtzman\My Documents\ZBA\409 Center Pkwy - Congregtional Church\ZBA Report 4-13-07.doc