ZBA Minutes 1994 07-25-94 ZONING BOARD OF APPEALS
JULY 25, 1994, 7 :00 PM
AUSTIN ROOM, BEECHER BUILDING,
908 GAME FARM RD. , YORKVILLE
ZBA 94-3 Petition for Variances - Section 6 .02, R-2 One-Family
Residence District, D.1, "A front yard of not less than thirty (30)
feet", and D.3, "A rear yard of not less than forty (40) feet" .
The first variance requested is that the front yard be reduced from
30 feet to 13 feet and the second requested is that the rear yard
be reduced from 40 feet to 24 feet. The property is located on the
north side of Washington St. , between Bridge St. and Heustis St. ,
in Hopkins Addition. The owners are David G. & Tracye K. Bell,
609 Heustis St. , Yorkville.
Chairman Pro-Tem Mike Skinner called the meeting to order at 7 : 00
PM. He is chairing the meeting in place of Martin Behrens who is
ill . He introduced the new Zoning Board of Appeals member Don
Altman.
Roll was called and present were Curt Medin, Larry Beach, Mike
Skinner, Bob Wenman and Don Altman. Not present were Martin
Behrens and Ken Mandle. A quorum was established. Also present
were David Bell, George Bell and Pat Clark.
Curt Medin made a motion to go into public hearing and seconded by
Bob Wenman. Roll : Medin-Aye, Beach-Aye, Skinner-Aye, Wenman-Aye,
Altman-Aye. Motion carried.
Chairman Pro-Tem Skinner read the petition for variance. George
Bell asked to speak for David Bell in regard to the petition. He
stated he is requesting to put a house on lot 5 and asking for a 13
ft. setback in the front yard, & that lots 5 & 6 both front on
Washington. The current house is 10 feet from the lot line. He is
requesting a year yard of 24 feet to build a 2 story hour. Bruce
Sebby's property is behind the lot. Part of the drainage ditch is
on David Bell 's property. These are old lots, and this is a
separate lot. Was sold as 2 lots. A aerial photo of property was
shown with locations of the lots . The reason for the request is to
sell the existing house and move into the new house.
Mike Skinner said this is more than the 25% allowed for variance
for ZBA and have other house plans been looked at for this lot.
Curt Medin stated that the ZBA can't control the type of dwelling
only can approve 25% variance.
Adjoining property owner Pat Clark said she has no problem with the
variance. The ditch will remain in its present state and act as a
buffer between the lots. Her house has a different setback as she
is in Mason's Addition, not Hopkins Addition. As an alderman, she
has a problem. It was a buildable lot at one time. She questioned
on how to avoid this issue in the future and it may be wrong in
setting a precedence. In the future, if variances are given in the
older section, you always take a risk. When it was sold it was
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July 25, 1994
ZBA 94-3, Bell
buildable according to platted setbacks at that time. Curt said
that with other older lots, this problem will continue.
Bob Wenman made a motion to go out of public hearing and seconded
by Don Altman. Roll: Medin-Aye, Beach-Aye, Skinner-Aye. Wenman-
Aye, Altman-Aye. Motion carried.
Mike Skinner asked for comments from each member.
Don Altman-Understands the problem, should grant, can't hurt
anything. Grading plan is good.
Mike Skinner-Setting a precedence.
Curt Medin- He has talked to Ken Mandle and Ken has no problem,
won't interfere with anything.
Bob Wenman-Given the fact that this is in the older section of
town, can see no problem His concern is that is sets a precedence.
Larry Beach-No problem, all decided upon individual merit. Doesn't
feel it would set a precedence. No neighbors are unhappy.
Mike Skinner-Firmly against setting a precedent. Is this good for
the future? Property was bought in recent times basically with a
nonbuildable lot. It is a beautiful lot and there may be other
viable options .
Curt Medin-If we don't want to set precedents, find out what the
setbacks were earlier.
Bob Wenman-Zoning has changed, need to look at 100 years from now,
and do each individually.
Curt Medin-Can approve only 25%. If we approve 60%, is that a
precedent?
Larry Beach-Can only do what you feel is right. Can not be more
than 25% .
Bob Wenman-There is drainage in back. By today' s standards, it is
acceptable for a good yard. If you look at lot at face value, it
has a good yard.
Mike Skinner-We are being asked something we can't approve. Should
refer to City Council.
Curt Medin-We can say if we approve.
Pat Clark-Can approve 25%. Questioning why it was sent to ZBA.
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July 25, 1994
ZBA 94-3, Bell
Larry Beach-Every municipality wants these items hashed over.
Bob Wenman-Approve 25% to City Council and get legal counsel 's
approval.
Curt Medin made a motion that the Zoning Board of Appeals recommend
approval to the City Council of the total variance as requested and
that all present approve of total amount requested, realizing the
Zoning Board of Appeals is only authorized to allow a 25% variance.
Seconded by Bob Wenman. Roll : Medin-Aye, Beach-Aye, Skinner-Aye,
Wenman-Aye, Altman-Aye. Motion carried.
Curt Medin stated that future setbacks should all be looked at
individually. The older sections of town can't meet today's
standards.
George Bell-Zoning allowed in Illinois since 1940. These lots were
done many years ago. Can see other areas in town with same
problem.
Don Altman made a motion to adjourn, seconded by Mike Skinner.
Roll : Medin-Aye, Beach-Aye, Skinner-Aye, Wenman-Aye, Altman-Aye.
Motion carried.
Meeting adjourned at 7 :45 PM.
" laa
JucW Be 1, Zoning Board of Appeals Secretary