Zoning Board of Appeals Packet 2007 09-05-07 o United City of Yorkville
a u 'n 800 Game Farm Road
EST. �t _ 1836 Yorkville, Illinois 60560
�� — Telephone: 630-553-4350
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Fax:p 630-553-7575
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AGENDA
ZONING BOARD OF APPEALS
Wednesday, September 5, 2007
7:00 P.M.
City Council Chambers
Meeting called to order:
Roll Call:
Previous Meeting Minutes (Corrections/Approval): .June 6, 2007
Public Hearings:
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.
a. Action Items
i. Variance to increase the maximum height of a detached accessory building
from 15 feet to 21 feet
Old Business:
Additional Business:
Adjournment:
Page 1 of 6
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, June 6, 2007, 7pm
Council Chambers
Board Members in Attendance:
.Jeff Baker, Chairman
Chris Funkhouser
Dean Bromann
Ben Moe
Others In Attendance:
Anna Kurtzman
Darrel Zarate, Yorkville Congregational Church
James Drew, Yorkville Congregational Church
Nick Swingler, Parvin-Clauss Sign Co.
Gracie Villescas, Saratoga Homes
At 7:00 the meeting was called to order by newly appointed Chairman Jeff Baker.
Roll Call:
Roll call was taken and a quorum was established.
Previous Meeting Minutes (Corrections/Approvals): February 7 2007 & May 2, 2007
Ben Moe moved and Dean Bromann seconded to approve both sets of minutes as read.
Motion passed unanimously.
Public Hearings:
A motion was made by Dean Bromann and seconded by Chris Funkhouser to open the
Public Hearings. Passed unanimously.
The first public hearing was as follows:
1. PC2007-13 ZBA Yorkville Congregational Church filed an application requesting a
variance to allow an electric message board that would replace their existing sign. The
property is at the northwest corner of Center Parkway and Countryside Parkway.
Darrel Zarate and James Drew were present on behalf of this petition. The sign they are
requesting is low-key and the same size as the present sign, but it is lighted. Ben Moe
asked them to describe the electronic properties. Mr. Zarate said the sign is similar to the
Page 2 of 6
one at the high school. It is programmable, allowing it to be turned off at a given time
and it also has a dimmer. The message area is 2 '6" x 8 ' . It would be low to the ground
and have shrubbery around it with the top half being lighted
Ms. Kurtzman noted that the current sign ordinance specifically prohibits electronic
message boards. Some of the current moving message boards in Yorkville, (such as
Kentucky Fried Chicken and Taco Bell), pre-date the code or a variance was granted. It
was noted that the high school sign is controlled by the State and the school 's governing
body rather than the City.
An illustration of the requested sign was shown by Mr. Zarate and he said the electronic
program allows the message to scroll or remain stationary. At this time, the church
intends to only use the stationery portion. However, Mr. Balser said that a new pastor
could be appointed who wants to use the moving message and then it would be non-
compliant.
It was noted by Ms. Kurtzman that no one was in attendance at this meeting who opposed
the sign, however, there was opposition at the May meeting that was ultimately cancelled ,
It was thought the opposition was that the sign would shine in the resident's window.
There was no further discussion and Chairman Baker asked the Board if they approved of
reviewing the Finding of Fact before closing the Public Hearing. All were in agreement.
Ms. Kurtzman conducted the Finding of Fact:
11 . . .unique physical properties involved?
Response: no
2. . , ,adegiiate location on property for sigrrage?
Response: yes
3. . . .effect of proposed sign on pedestrian or motor h•affic
Response: non-scrolling sign OK
4. . . .cost to applicant as opposed to detriment to public
Response: no detriment
5. . . .impact and general intent of chapter, nreetgeneral intent of sign code?
Response: Does not address code, does not meet general intent of code
Chairman Baker commented that although Countryside Center is vacant now, there will
be new business. He does not want to set a precedent with a scrolling or animated sign.
Page 3 of 6
There was no further discussion and Chairman Baker entertained a motion to close the
Public Hearing, Ben Moe moved and Chris Funkhouser seconded that motion. Carried
unanimously.
The committee discussed placing restrictions on the time between message changes and
the amount of time the sign can be on. There was also discussion of the size of the letters
on the sign, how many words and how many light bulbs should be allowed.
Chris Funkhouser made a motion to approve the variance request with the following
conditions:
1 . Sign shall not be illuminated between l Opm —6am
2. Two changes of message allowed per day
3 . Sign will not have an animated or scrolling message
Dean Bromann seconded the motion.
Roll call was taken as follows: Funkhouser-yes, Bromann-yes, Baker-no. Ben Moe
abstained since he is a member of that church. The motion carried 2-1 . This matter will
move to City Council on June 260' and Anna Kurtzman will forward a report to the
Council and the Church.
2. PC 2007-18 ZBA Saratoga Homes
A motion was made by Ben Moe and seconded by Dean Bromann to enter into Public
Hearing PC2007- 18. The petitioner requested a variation to allow an off-site marketing
sign to be placed within a '/< mile from another such sign and to allow the size of the sign
to be 128 square feet instead of 64 square feet. (Code 8- 11 -4B2 and Code 8- 11 -71)). The
property is at 3600 N. Bridge St., Yorkville at the northeast comer of Rt. 47 and Corneils
Rd,
Gracie Villescas of Saratoga Homes and Nick Swingler of Parvin-Clauss Sign Co.
presented the information for this petition. They were seeking permission to place a
double-faced sign at Rt. 47 and Comeils Road for the Caledonia development. She said
there are three other signs there already for other developments. One of those is 12 x 16
feet and was part of the annexation agreement. She said there is one sign for Caledonia
at that intersection now, however, Saratoga is not represented on that sign. Ms.
Kurtzman stated that the code allows for a sign to be only 5' from the property line and
Mr. Bromann commented that this could be a safety concern.
Ms. Villescas said Saratoga Homes owns lots in Caledonia and expects the build out time
to be two years. That is the length of time the sign would be displayed.
Page 4 of 6
Finding of Fact for first variance request: decrease distance between off-site residential
marketing signs:
1. . . .unique physical property involved?
Response: no, not unique. Ms. Villescas said her company wishes the sign location to be
as close as possible to subdivision entrance.
11 . . .adequate location for signage on this property. . .
Response: no, not adequate land
3. . . .effect of sign on motor/pedestrian traffic?
Response: potentially adverse due to size and location, possible safety issue
4. . . .cost to applicant as opposed to detriment to public?
Response: there is already a sign for the development as a whole
5. . . .meet general ir:terrt of this Chapter?
Response: No
Finding of Fact for second variance request to increase size of off-site marketing sign to
128 square feet:
1. . . .unique physical properties?
Response: no
2. . . .available location for adequate signage?
Response: Does not apply
3. . . .effect on pedestrian/motor traffic?
Response: size could affect safety
4. . . .cost to applicant as opposed to detriment to public?
Response: if sign is 64 square feet, then no detriment
5. . . .meet general intent of this Chapter?
Response: No
A motion was made and seconded by Dean Bromann and Ben Moe, respectively, to close
the Public Hearing. Motion carried unanimously on a voice vote.
The committee then further discussed this request. It was felt the sign was too large for
the space and would be a hazard because of the heavily traveled road. The curve in the
road could also obscure signs. There was also a placement issue because of the small
distance off Rt. 47. Ms. Kurtzman asked for a suggestion of distance between the
existing signs and said that could be a condition in a motion. Ms. Villescas said the sign
Page 5 of 6
could be placed farther north on the property and it was suggested that the placement
must also be fair to the existing signs.
At this time the Board viewed the large aerial map in the back of the Council chambers.
For the record, Ms. Kurtzman summarized the Board's comments while viewing the map:
I . Discussed placement of sign
2. Discussed traffic issue if sign is placed as far north as possible to meet code
requirements
.3 . If 64 square feet, then would not be hazard at that location
A motion was then made by Chris Funkhouser to approve PC 2007- 18 with the condition
that the sign be maintained at 64 square feet and be located as far north of subject site as
possible, and subject to the setback ordinance. Dean Bromann seconded motion. A roll
call vote was taken: Baker-no; Bromann-yes; Funkhouser-no; Moe-yes. The vote ended
in a tie, therefore, it failed. No new motion was introduced. This matter will proceed to
the June 26a' City Council for appeal.
Old Business:
There was none.
Additional Business:
I. Discuss Paperless Distribution
Ms. Kurtzman said the City staff is working with various Boards to determine the interest
of applicants in the paperless submittal of presentations. The applicants are being asked
to submit electronic forms. Then emails or disks would be provided to Board members,
but a determination needs to be made of the computer capabilities of all Board members.
Chris Funkbouser commented that the internet is OK, but discs are more reliable. Ms.
Kurtzman will forward these comments to City staff.
In additional business, Chairman Baker said that in one of the sets of minutes, there was a
lack of a quorum. He stated that it is important that all Board members are present.
However, he added that only 3-4 meetings in the last few years were not held due to lack
of a quorum. He asked Board members to call him if they could not be present, He feels
it is very important to hold the meetings since lawyers and petitioners have expenses
associated with the petitions.
Mr. Baker also said he would like to keep the meetings to 15 — 3 hours at the maximum.
It was noted that there are currently no items scheduled for the July meeting, but Ms.
Kurtzman said if paperwork was submitted on this date, there was a possibility of one
item for a potential meeting. Since the .July 4°i holiday falls on the regular meeting date,
July P was discussed as an alternative.
Page 6 of 6
There was no further business and a motion was made to adjourn by Ben Moe and
seconded by Chris Funkhouser. Meeting adjourned at 8 :20pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker,
°'T� United City of Yorkville
o s ,r;-;II County .Seat of Kendall County
. 1836 800 Game Farm Road
ti Yorkville, Illinois, 60560
0 j® p Telephone : 630- 553-4350
9 " 20 Fax : 630-553-7575
AIL E `v�? Website : www .yorkville . il . us
August 22, 2007
TO : Zoning Board of Appeals
FROM: Anna B. I{urtzman, AIC_Pa
SUBJECT: Zoning Variance Request
505 Heustis St
PC2007- 19
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 5, 2007, at 7:00 pm at the City's Council Chambers (located at 800 Game Farm
Road).
REQUEST:
The applicants, Thomas and Roxann Sega, own 505 Heustis Street, Yorkville, Illinois (Property
Identification Number 05-39-301 -009) located on the west side of Heustis Street, approximately
80 feet north of Fox 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 garage. The applicant is seeking to remove the
existing detached garage and replace it with a larger garage. In locating the new garage the
applicant is requesting the following variance:
1 . 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.
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
ZBA
505 Heustis Street — PC2007- 19
August 22, 2007
Page 2 of 2
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 reconunendation 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. A
variance to the height of a building is not listed as a type of variance where the ZBA can make a
final determination. Therefore, the ZBA will be making 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.
iahl;
Attachments
Filename: \\Coysmer\User Folders\AKurt man\My Documenls\ZBA\505 Heuslis - Sega\8-22-07sta1Tmemo doc
ZBA
505 Heustis Street — PC2007- 19
August 22, 2007
Page 3 of 3
LEGAL DESCRIPTION OF 505 HEUSTIS STREET
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 33 , TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF HEUSTIS AND VAN EMMON
STREETS IN THE VILLAGE OF YORI{.VILLE; THENCE SOUTH 5 DEGREES 14
MINUTES WEST ALONG THE WESTERLY LINE OF HEUSTIS STREET, 314.30 FEET;
THENCE NORTH 82 DEGREES 30 MINUTES WEST, 227 .0 FEET; THENCE SOUTH 5
DEGREES 53 MINUTES WEST 263 , 50 FEET; THENCE. 82 DEGREES 51 MINUTES WEST,
188.0 FEET; THENCE SOUTH 7 DEGREES 26 MINUTES WEST 6037 FEET TO A LINE
DRAWN PARALLEL WITH AND 139.0 FEET NORTHERLY OF (MEASURED ALONG
THE WESTERLY LINE OF HEUSTIS STREET) THE NORTHERLY LINE OF FRANKLIN
STREET FOR THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 51 MINUTES
EAST ALONG SAID PARALLEL, LINE, 220.26 FEET TO A POINT 200.0 FEET
WESTERLY OF (MEASURED ALONG LAST DESCRIBED LINE EXTENDED) THE
WESTERLY LINE OF HEUSTIS STREET; THENCE NORTH 5 DEGREES 14 MINUTES
EAST PARALLEL WITH THE WESTERLY LINE OF HEUSTIS STREET, 21 .0 FEET;
THENCE SOUTH 82 DEGREES 51 MINUTES EAST PARALLEL WITH THE NORTHERLY
LINE OF FRANKLIN STREET, 200..0 FEET TO THE WESTERLY LINE OF HEUSTIS
STREET; THENCE. SOUTH 5 DEGREES 14 MINUTES WEST ALONG SAID WESTERLY
LINE, 80.0 FEET; THENCE NORTH 82 DEGREES 51 MINUTES WEST PARALLEL WITH
THE NORTHERLY LINE OF FRANKLIN STREET, 422..53 FEET TO A POINT SOUTH 7
DEGREES 26 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE NORTH 7
DEGREES 26 MINUTES EAST, 58.97 FEET TO THE POINT OF BEGINNING IN THE
VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
Aug 01 07 06:36a p Z
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United City of Z'ol-kvMe
Counlp Seal of Kendall County
EST ��P „ 1635
BDD Game Farm Road
in Yorkville. Illinois 60560
O ®� 7 \ O Phone: 630-553-4350
Far,: 63D-553.7575
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APPLICATION
VARIANCE, REQUEST
Date of Submission: ��`-I- /
1 �rl
1 . Name of Petitioner(s) : n ✓) 1 (1 S ` . `�vXQ f') / 1 J
Address : s l rj , j t5�I ( . yr ` vl ej_ Tl
Phone Number: u ) .55 tnE) O Fax Number. < ' 6) SS -R
2 Name of holder of legal title, if different from 41 : _
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: _ T
5C' J ljeL)sl :s "! • YOYI - ViI Ic:. L L CtOJ�,�o
b Proposed name of subdivision (if any):
c Legal description of property for which zoning variance is sought:
�' P (, 33 - 31 --3 CTI�� o � Vl1) V 1yd11/e�,
(If more space is needed, attach as "Exhibit A".
d, Kendall County Parcel Nurnber(s) of property for which variance is sought:
5 Names and addresses of any adjoining or contiguous landowners and property o)?.gners \aifhin
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: //__ 10 3 '5 L .
Y11 ci �11" O f" ..S �YL� i° 1( %s' E' �t� r7 c:._.
Page 1 of 3
United Cip of Yurt�illc Vuri¢na Request Applic;nion Revi, ed 227/04
7 Name, address, phone number and fax number of person to whom inquiries regarding this
petition may be directed: 7o/z2 5?0A,:z n n ,<q ae
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:
Petitioners) (Legal property erwners signature must appear. on this applicat' .)
Subscribed and sworn before me this _ day of ( s - ; 200_x.
OFFICIAL SEAL y5{-
MARGE H. PUBLIC Z 0 Not Pti he
STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.17,09
Notary Stamp
THIS APPLICATION MUST BE NOTARIZE D.
Page 2 of 3
United City of Yorkville Variance Request Application B.msed: 2127/04
Tom and Roxann Sega Exhibit B
Application for Variance - line 5
Property Owners Address Parcel Number
Jeff and Holly Baker 507 Heustis St, 05-39-301-010
Ryan Martinez 109 Fox St. E. 05-39-301-011
Georgia Krause 504 Bell Lane 05-39-301-013
Bill and Lori Milam 501 Heustis St. 05-39-301 -012
Bill and Karen Davis 405 Heustis St 05-39-301-004
Ted and Jackie Milschewslci 401 Heustis St. 05-39-301-003
Bill and Irene Anderson 112 Fox St. E 05-39-302-014
Linda Neubert 601 Heustis St 05-39-302-016
Angel and Jessica Trenado 110 Fox St. E , 05-39-302-011
Michael Pepplar 108 Fox St. E . 05-39-302-017
Brian and Jean Schillinger 402 Heustis St, 05-39-304-004
George and Kimberly Taggart 406 Heustis St, 05-39-304-005
Paul Gajewski 502 Heustis St 05-39-304-006
Doug and Jo Pierce 504 Heustis St, 05-39-304-015
Doug and April Kinsella 506 Heustis St 05-39-304-016
Cindy Hecl<elsberg 209 Fox St. E 05-39-304-012
William Diehl 309 Mill St 05-39-304-014
Robert and Nancy James 508 Heustis St. 05-39-304-009
Robert and Alyce Fey 601 Mill St. 05-39-305-003
Don and Gwen Walters 602 Heustis St 05-39-305-001
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