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ZBA Minutes 2000 12-13-00 y UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 13, 2000 Chairman Wenman called the meeting to order at 6:30 PM. Roll Call: Members Present: Others Present: Bob Wenman John Shields, Petitioner Mike Skinner Bill Dettmer, Yorkville Building Inspector Marty Munns Jeff Baker Harold Feltz Brian Schillinger Bob Schmeller A quorum was established. Chairman Wenman began the meeting asking that anyone wishing to speak at the Public Hearing stand and take the oath. Mr. Shields, Mr. Baker, and Mr. Schillinger were sworn-in. Chairman Wenman asked for a motion to open the public hearing. Mr. Feltz motioned and Mr. Skinner seconded to go into Public Hearing. On a voice vote all members present voting yes. Motion carried. PUBLIC HEARINGS: 1. ZBA 2000-01 John& Laura Shields seeking a variance to the sideyard and backyard setbacks. The property is located at 406 Heustis Street, Yorkville. Mr. Shield stated he had applied for a variance to change the roof line and height as well as a sideyard setback variance due to his present garage being a non-conforming accessory building. Mr. Feltz asked Mr. Shields to describe the work he proposes to do. Mr. Shields stated he would like to modify the look of his garage to resemble a carriage house that once was there. He wants to add 7 feet to the height and change it to a barn style roof, and add windows. The carriage house that was on this site was moved onto the lot next door to the south and converted to a house many years ago. The a modern type garage was built there. The current setbacks are 3' 5" on the side and to the back it is 8' 5" Mr. Baker pointed out that at the rear there is a 4 foot drop and a retaining wall. Mr. Shields stated that he has pictures of the 2 story garage next door, and there are many others up and down his street and generally all around the neighborhood. His house is much higher 1 i than the proposed addition would be and would still tower over it's roof line. He would like the Zoning Board of Appeals to consider that he is trying to make something better than what is there now. He has talked to all the neighbors and one had some concerns about his satellite dish reception. That issue has been resolved. Mr. Dettmer stated that in evaluating the height according to the Yorkville Code, measurements are to the mid-roof, and his request is actually allowable. Measuring in this way his proposed addition to the height would be between 3 feet and 3 and 1/2 feet which is allowable up to 3'6" per City Ordinance. Mr. Baker stated that he was present to support Mr. Shields petition, stating that the location was actually a perfect spot for what he proposes. Mr. Schillinger stated he lives next door to the north and can see the garage from his house. His own two story garage was once a stable built in 1910. They have done property improvement projects together and Mr. Shields is active in cleaning up the area and concerned with appearances. He stated this structure will fit the area nicely, and he has no objections. Chairman Wenman asked for any further comments for the public hearing. There were none. Mr. Skinner motioned and Mr. Feltz seconded to close the Public Hearing. On a voice vote all members present voting yes. Motion carried. NEW BUSINESS: ZBA 2000-01 John & Laura Shields seeking a variance to the height, and sideyard and backyard setbacks Mr. Skinner stated that if his request is for 3' 6",the City Code allows only for 25%variance. Zoning Board of Appeals can rule on up to 3.9' for height variance. Regarding the sideyard and backyard, they would be beyond what is allowable for passage by the Zoning Board of Appeals. Mr. Dettmer stated he concurred with this, but they are two separate issues. The Zoning Board of Appeals should vote on the height and take positions on the side and back yard variance and defer to the City Council to rule on this. Zoning Board of Appeals can grant on the height request. The setbacks are non-conformity, and they can grant up to 25%, and City Council can grant. Mr. Skinner stated he felt it would be a asset to the area, and has no objection,but the Fire Department should be notified. Mr. Feltz agreed stating it is an historic area. 2 Mr. Munns asked if he planned for a storage loft. Mr. Shields stated he hoped to have a wood working shop there. Chairman Wenman stated he had no problem with it, but questioned if 3.5' is enough as we want to be sure it is adequate. Mr. Feltz asked if notices had been sent to specific neighbors. Sandy Marker, Deputy Clerk assured him this had been done as required. Mr. Feltz stated that with letters from adjoining neighbors asking that this be approved, he recommended approval by the Zoning Board of Appeals. Chairman Wenman asked for a motion to approve. Mr. Skinner motioned and Mr. Feltz seconded to approve ZBA 2000-01 John& Laura Shields request for a variance to the height. On a roll call vote all members present voting yes. Motion carried. Chairman Wenman asked for a motion in the positive requesting the City Council approve modifications this building in an existing non-conforming situation. Mr. Feltz motioned and Mr. Munns seconded that with regard to the existing non-conforming accessory building and as it's existing setback distances which do not meet City Code, but is within the perimeters of what can be approved by the City Council. the Zoning Board of Appeals recommend that City Council approve said non-conforming building for alterations with the existing non-conforming_setbacks. On a roll call vote, all members present voting Yes. Motion carried. Chairman Wenman asked for any additional business. There was none. Mr. Skinner motioned and Mr. Feltz seconded to adjourn. On a voice vote all members present voting yes. Motion carried. Adj ourn: 7:10 PM Minutes by Sandy Marker 3 INTEROFFICE MEMORANDUM TO: ZONING BOARD OF APPEALS FROM: WILLIAM A. DETTMER, CODE OFFICIAL SUBJECT: 406 HEUSTIS STREET, YORKVILLE DATE: DECEMBER 5, 2000 CC: Mr. & Mrs. Shields, at the above mentioned address, requested a permit to add a second floor on an existing garage behind their home. This permit was denied for the following reasons: 1. This building was in violation of Chapter 10, non-conforming buildings and structures. I am not permitted to issue permits to expand a non-conforming building in accordance to Section 10-10-4 and 10-10-6. The added structure would be more than fifty percent (50%) of the existing building and would be a height of 22 feet. 2. The zoning ordinance will only permit accessory structure to be fifteen feet in height in this district. In accordance to 10-3-5, accessory structures, Section C — Height of Accessory Buildings in Required Rear Yards, no accessory building or structure shall exceed fifteen feet (15� in height. 3. Furthermore, the location of the existing structure, in accordance with 10-3-5-A, no part of any accessory structure shall be located closer than five feet (5� within any side or rear property line. Therefore, it is my opinion that it is up to the Zoning Board to grant or not to grant the relief on this appeal. Respectfully Su tte William A. Dettmer, Code Official �r December 3, 2000 City Of Yorkville Subject: Variance for property set back and height restriction. Dear Board Members, My name is John Shields and I applied for a building permit to remove the roof on my existing garage with the intent to replace it with a second story and barn style roof. Upon review from the city building inspector, it was determined that my garage is not five feet from my property line, and that the second story would be seven feet over the permitted out building height restriction. This being the case, I am applying for this variance. My home was built in 1880 by Dr. McClellan who was the Coroner for Kendall County. At that time, the home that is just South of me was the carriage barn for my house. As time moved on, property was divided and a basement was dug on the back of this property South of me and the carriage barn wd i:-,wed-over the new basement, and converted into a home. Sometime later, a regular 2 car garage was built on my property and is what exists now. My garage was not in very good shape when I bought my home seven years ago. I have always intended to do what I am requesting now, but could always find higher priority projects with a home that is 120 years old. Now that I am able to commit to such a large investment of totally rebuilding the old garage to have the appearance of the original carriage barn, I come to find that I cannot because the location of the already existing garage is too close to my property line of which I had no control over, and there is a"blanket" fifteen foot height restriction for out buildings in the City of Yorkville. I am in total agreement in having city ordinances to control how our city will look in the future, and to prevent something awful being built and having a negative effect on other residents. I do however ask myself if the original intent of an ordinance is applicable in every case. For example, In my case, I live in an established area with mature tall trees. There are 4 other homes on my block alone with two story garages or carriage barns which includes my next door neighbor. My home dwarfs the garage I have now, and would still tower over what I would like to reconstruct. I have talked with the neighbors next to, and behind me, and they have no objections to what I would like to do and they also feel that it would be a favorable improvement to what I have now. What I ask of you, is to please consider my case individually and grant me the ability to improve my property to a state very similar to what it once already was, and was undone by someone else over the years of time. Thank you very much. Resp ctfuplly, )/ Joh hields 406 Heustis St. Yorkville IL. 60560 553-7044