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