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ZBA Minutes 2001 10-22-01 3 f l UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING MINUTES October 22, 2001 Chairman Feltz called the meeting to order at 7:05 PM Roll Call: Others attending: Bill Davis -Present Bill Dettmer, City Building&Zoning Official Ralph Pfister-Absent Mike Skinner-Present Benjamin We-Present Scott Gryder- Absent Harold Feltz-Present A quorum was established Chairman Feltz began the meeting by asking that each member present tell his name and a little bit about themselves. Bill Davis stated he attended the University of Illinois and had moved to Yorkville from Downers Grove. He is also a member of the Young Republicans. Mike Skinner stated he lives on Sanders Court and came here 15 years ago from Hinsdale. He is married to a Behrens, an old Yorkville family. He is involved with the Boy Scouts and is a builder in the area and would call himself a carpenter/contractor. This is his only City involvement, but has been on the ZBA since Ken Kittoe, stating ZBA used to meet regularly. Ben Moe stated he has lived on East Somonauk for 3 years, and is a Commercial Real Estate Broker from Newark, and spent 20 years in banking in Aurora. Harold Feltz stated his involvement goes back to 1974. He served as Chairman for Plan Commission for about 9 years, and got off the Commission about 5 or 6 years ago, but missed friends and decided to do something again. He came here in 1958 with Caterpillar, and has also built a few buildings. He then built some for himself. He was Chairman of the Cat. Credit Union for 25 years and on the Board of Yorkville National Bank for 26 years. He's a graduate of the University of Wisconsin, and collects old farm tractors. Mr. Skinner moved and Mr. Moe seconded to table approval of the minutes of the last meeting for members to have time to review them. On a voice vote all members present voting yes. Motion carried. Public Hearings: None 1 t New Business: Election of Co-Chairman for Representation at the Plan Commission Meetings Mr. Skinner that years ago there was talk of changing this to a non-voting position and wondered if that had been done, but it is a very interesting board to sit on as it shapes the City of Yorkville. Chairman Feltz stated'that this is a voting position and not just as a representative of the ZBA. You can attend the Joint meeting of the City Council and Plan Commission as well. If Mr. Davis couldn't attend a meeting, he would attend, and when Mr. Davis is ready he will take over as Chairman,but until he is comfortable he would remain Chairman. Mr. Skinner stated he is ready to move to appoint Bill Davis on recommendation of the City Council to fill the position as Co-Chairman of ZBA. The motion was amended to state appointment of Bill Davis and Harold Feltz as Co-Chairman of ZBA. Mr. Moe seconded. On a roll call vote all members present voting yes. Motion carried. Mr. Davis stated he would do all the assigned duties and would attend the Plan Commission the second Wednesday of each month. Chairman Feltz asked for any questions. There were none. Old Business: Mr. Dettmer stated that Chapter 10/14, Section 5/6/7 establishes the authority of the ZBA. The Deputy Clerk sets the Public Hearings and publishes. The Zoning Officer makes a recommendation to the City Council with in 30 days and must include specifics. The Standards tell you what you can grant and how much. ZBA must follow the standards and findings and they must be forwarded to the City Council in writing. The petitioner must show a hardship for the variance. ZBA can deny it and they can go forward. A variance takes a 2/3 vote to over rule the ZBA decision. The Sign Ordinance stands alone and the same standard does not apply. It is not a zoning issue and has its own ordinance to govern you. Mr. Skinner stated the house on Orange Street was in Court when ZBA refused to rule on that one. Mr. Dettmer stated they sent that back to the City Council. ZBA is not a final board in Yorkville. The City Council may, or may not agree with ZBA. It goes through due process and all become part of the facts and findings. Mr. Skinner asked if all variances come to ZBA, or can City Council handle. 2 i Mr. Dettmer stated all come to ZBA except in the case of an annexation agreement. For a Special Use the Plan Commission can sent issues to the ZBA. ZBA can make a recommendation for change. Mr. Skinner asked if ZBA can make a recommendation for a zoning change. Mr. Dettmer stated they should read Article 10114 and we would meet again on this. Chairman Feltz stated there are some seminars that are beneficial. Also, when you go into a town the McDonald's sign gives you a clue about their sign ordinance Mr. Skinner stated the City Council can over ride the Zoning Ordinance for a development agreement, and that Menard's had asked for some special things.. We don't do building codes,we cannot change the codes. Mr. Dettmer stated only the City Council can change building codes. Mr. Skinner stated the City is now enforcing exterior codes. Mr. Dettmer stated,yes, they can't site without a complaint,but now they can enforce the code, as some building owners let the property deteriorate. This is a policy trial. ZBA won't be part of that process. There is a new theory for zoning and it doesn't list uses, but definitions are what is used to enforce,we do not enforce covenants either. They are enforced by the developer or homeowners association. Chairman Feltz stated that John and Laura Shields variance was unique, and of interest as there are more and more historic districts being established. Chairman Feltz stated he appreciated the input so we are more aware of our duties, and asked for anything further. There was nothing. Mr. Moe moved and Mr. Davis seconded to adjourn. On a voice vote all members voting yes. Motion carried. Meeting Adjourned at 8:45 PM Minutes by Sandy Marker 3