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Zoning Board of Appeals Minutes 2013 05-01-13Page 1 of 3 APPROVED 11/5/14   UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, May 1, 2013, 7:00pm Yorkville City Hall, Council Chambers 800 Game Farm Road     Board Members in Attendance Jeff Baker, Chairman Don Hirsch Corey Johnson Tony Pekich (arr. 7:20pm) Mike Skinner   Absent-Ryan Woods Other City Officials in Attendance Krysti Barksdale-Noble   Other Guests: James Olguin, Attorney Al Daniels, McDonald's Dennis Somers, McDonald's   Chairman Jeff Baker called the meeting to order at 7:00pm. Roll call was taken and a quorum was established.   Previous Meeting Minutes November 2, 2011 The minutes from 2011 were approved on a motion by Skinner and second by Hirsch. Approved by unanimous voice vote.   Citizen Comments None   Public Hearing: ZBA 2013-01 McDonald's USA, LLC, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the sign regulations contained in City Code Section 8-11-9-A-1 to permit a free standing pole sign in a business district on a lot less than three (3) acres up to two hundred and twenty (220) square feet in overall area, twenty-six (26) feet or less in height, and not constructed with a base of supporting columns made of brick, stone or masonry material. This request is for the relocation of the existing pole sign to allow for the widening of Route 47. The real property consists of approximately 0.81 acres and is located immediately north of U.S. Route 34 (Veterans Parkway) and just west of IL Route 47 (Bridge Street) in Yorkville, Illinois. The property is commonly known as 3 West Veterans Parkway, Yorkville, Illinois 60560. Page 2 of 3 Board member Skinner asked to confirm that all nearby residents had been contacted regarding the petition and return receipts were also provided. Residents to the north of the theater were also notified and Attorney Olguin said there is a contract with the property owner to the north who approves of the requested action.   Motion: A motion was made by Skinner and seconded by Hirsch to enter into the Public Hearing which commenced at 7:05pm. Voice vote approval. Chairman Baker swore in those who would speak.   Attorney Olguin, attorney for McDonald's, gave background of the request and said the request is a direct result of the Rt. 47 widening project. He said this matter had been discussed at a City Council meeting 2 years ago and variances were granted for moving signs. McDonald's will also update the sign and upgrade the site. Staff recommended that the petitioner come before the Zoning Board.   The sign will be pushed back due to the widening and visibility is necessary due to the multiple lanes and the need to change lanes to access the entrance. A bike path will also be on the front of the McDonald's property causing the sign to be placed even further back.   Based on IDOT discussions, relocation of the sign will occur very soon, but any potential rebuilding of the restaurant would not occur until the road widening. There will be a significant impact on the sales. Mr. Olguin said the criteria meets all the standards that were approved by the City 2 years ago.   Ms. Barksdale-Noble noted there were 2 points in the staff memo that brought this matter to ZBA. She said it was originally thought the sign face would change to a more modern look, however, that is not the case. Secondly, if any damage is done to the sign during the move, the sign would need to be replaced and any replacement would be a newer type face since the old one is not made anymore.   Mr. Skinner asked if a replacement sign would change size. Mr. Olguin replied that if the size changed, it would only be about 2 inches.   Motion: A motion was made by Mr. Johnson and seconded by Mr. Skinner to close the Public Hearing. Voice vote approval. Closed at 7:20pm.   Chairman Baker paused the meeting to introduce the new ZBA Board Member Tony Pekich at this time.   The Standards for Granting a Variance and the Sign Variations were then reviewed by the Board.   Motion: Mike Skinner made a motion to approve ZBA 2013-01 [see verbage above under Public Hearing]. Don Hirsch seconded this motion. There was no further discussion and a roll call vote was taken: Hirsch-yes, Skinner-yes, Johnson-yes, Baker-yes, Pekich-abstain. Motion passed 4-0 with 1 abstention. Page 3 of 3   It was noted that eventually the south side McDonald's will be remodeled with the newer style.   Additional Business Ms. Noble noted that Charlie Walker had resigned from the Board and the vacancy will be filled. A Yorkville resident is preferred, however, the replacement can also live 1.5 miles outside the City.   Adjournment Corey moved to adjourn and Don seconded the motion. Voice vote approval. Meeting adjourned at 7:30pm.   Minute respectfully submitted by Marlys Young