ZBA Minutes 2003 10-14-03 Page 1 of 3
APPROVED BY THE
UNITED CITY OF YORKVILLE CQMMiTTEElBOARD
ZONING BOARD OF APPEALS MEETING ON'
TUESDAY, OCTOBER 14,2003
The meeting was called to order at 7:03 p.m.
ROLL CALL
Chairman Harold Feltz, Mike Skinner, Benjamin Moe, and Bill Davis.
IN ATTENDANCE
City Attorney Jill Konen, Bill Dettmer,Anna Kurtzman, Kimberly O'Malley and
Michael O'Malley.
STAFF REPORT
Bill Dettmer, zoning officer for the city, said that his associate,Anna Kurtzman, is now
handling the zoning board of appeals. She will attend the meetings and assist the board in
any way necessary.
Dettmer also said the city is looking at changing the concept of the Zoning Board of
Appeals. He said items heard by the zoning board would then go to the city council.No
board should have powers that are not able to be appealed, he said.
The zoning board also will look at a broader set of issues. However, he said the board
would not have to hear life safety issues. He added that all interpretations would be put
into writing.
MINUTES
Minutes from the previous meeting were approved immediately after that meeting.
PUBLIC HEARING
ZBA 2003-18: Kimberly and Michael O'Malley,petitioners, have filed an application
seeking a variance to the Zoning Ordinance Section 10-6B-4C. Yard areas: C-Rear Yard
Setback from 40 feet to 28 feet. The property is located at 906 Morgan Street,Yorkville.
Michael O'Malley said there is an existing porch on the back of their house. They want to
eliminate the porch and put on a 17 by 12 foot addition to the living room. Basically, he
said the size of the new structure would be the same size as the existing porch;he would
just like to move it to a different area on the back of the house. Currently,the porch is
attached to a bedroom,which is not ideal.
Although the porch is enclosed,Kimberly O'Malley said it is not a four-season room.
Zoning Board member Michael Skinner asked if the O'Malleys would install a new
foundation. Michael O'Malley said he would like to extend the basement out to the new
area.
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Skinner then said what the O'Malleys intend to do is take a decrepit structure and make it
a better structure.
Zoning Board Chairman Harold Feltz said staff has not been able to find a building
permit for the porch. He said he suspects it was built without a permit and it was never
inspected.
Kimberly O'Malley added that all of their neighbors are okay with their intentions.
Kurtzman commented that the zoning office received one call in reference to the
application and it was just for clarification.
The hearing was then ended.
NEW BUSINESS
Kurtzman informed the board members before voting on the issue,that they need to
review a finding of fact on five different standards.
The first standard states: 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. Davis stated the request probably does not fall under that
section.
The second standard states: 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. Davis said this is a
unique situation. There is a structure that no one else has on the house.
The third standard states: 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. Skinner
said that is true.
The fourth standard states: 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. Davis said that standard applies,as well.
The fifth standard states: 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. The board agreed that was a non-issue, as well.
Davis asked if the roofline for the addition would be any higher than the existing roofline.
Michael O'Malley said no.
Feltz asked if there was any concern about setting a precedent. Davis said he believes this
if a unique situation involving a structure that needs to be removed.
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Zoning Board member Ben Moe also said this situation is unique because the property
used to be part of a larger lot that was since split and sold.
Davis said tearing down the old structure and adding a new structure that is up to code is
a benefit to the city.
Skinner made a motion to approve the section 10-6B-4C Rear Yard Setback from 40 to
28 feet on property located at 906 Morgan Street. Moe seconded the motion. The motion
was unanimously approved in a roll call vote. Moe, Feltz, Davis and Skinner voted yes.
City Attorney Jill Konen said the matter now goes to the City Council on October 28.
The meeting adjourned at 7:41 p.m.
Minutes respectfully submitted by Dina Gipe