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ZBA Minutes 1985 03-18-85 r MINUTES OF THE ZONING BOARD OF APPEALS OF THE CITY OF YORKVILLE HELD ON MARCH 18, 1985 AT 7:00 P.M. AT CITY HALL Chairman Behrens called the public hearing of the Zoning Board of Appeals to order. Members in attendance were Mr. Becker, Mr. Behrens, Mr. Lindblom, and Mr. Medin. Pamela Hitzemann, the petitioner, was also present. Mr. Behrens waived the reading of the public notice due to the fact that all present were familiar with its contents. Chairman Behrens inquired as to whether any of the members had any questions regarding the petition for variance at 808 Morgan St. He then asked Mrs. Hitzemann to present the petition and explain the plans for the addition. Mrs. Hitzemann stated that the plat survey attached to the petition was not correct as shown. The house is correct on the drawing. There is a 2 1/2 car garage to the south. The car port is gone and there is a wood deck in its place. Mr. Behrens inquired as to what the distance from the lot line to the garage is. Mr. Lindblom stated that it is 11.4 feet. Mrs. Hitzemann stated that they would like to build a bathroom and bedroom in the back of house on the northeast side, and they would need a variance to do this. She stated that they did not intend to build past the original car port line. Mr. Behrens inquired as to how many feet it was from the new east wall to the east lot line. Mr Becker stated that it is 28.5 feet. The Zoning Ordinance calls for 40 feet under R-2 zoning. Mrs. Hitzemann stated that they would like to be considered R-3 due to the fact that it would require less of a back lot line. Mr. Medin stated that R-3 would allow 30 feet. Mr. Becker stated that they are able to allow a variance of up to 25%, so there would be a difference of approximately 18 inches. Mr. Becker inquired as to whether the dimensions of the proposed building could be changed. Mrs. Hitzemann felt that they would not be able to do this because it would make their bathroom to small. Mr. Medin questioned whether R-3 zoning applied to general residences or whether it could be applied to single and multiple dwellings. Mr. Behrens stated that it applies to one and two attached family dwellings also. Mrs. Hitzemann stated that when the property was zoned R-4 it was already in violation of R-2 zoning. She felt that it should have been zoned R-3 from the beginning. Mr. Becker stated that the zoning board could not change the zoning of the property. Mr. Behrens stated that the committee would only be able to make a recommendation to the city council. Mr. Lindblom stated that all of the adjoining property owners were aware of the public hearing an4 none were present to oppose. He, therefore, made a motion to recommend to the City Council that the petition for a variance be accepted. Mr. Becker seconded the motion. A roll call vote was taken. Mr. Behrens - yes Mr. Becker- yes Mr. Lindblom - yes Mr. Medin - yes The motion carried unanimously_ Chairman Behrens moved that the meeting be adjourned. The meeting was adjourned. Debbie Robertson, Rec. Secretary 1:1-irch 18, 1985 To Yorkville City Council Yorkville, Illinois The Yorkville Zoning Bolard of ij)perlls recomimends- to the Citi,r Council that the petitions of L'--ichael and Pamela llitEozi�=, owners, for a FRCT"-� TH-i-,.,' ISTRICT LETTER G-2 Tl'L -,1EGT-jL-' T-1-C­S (A? ""TIC-4 6.02 - C-39 nd SUB'-.-)ECTIC'1 D-3 R-0!G-,-ADIXG LCT-.L.I)1E 7, BE "-'T-24 E. Becker ,-�ecret�.rlr 'j Zonin;,', Board of ;�I)T-.)enls v N ' or Lot 23 of Fred Atlee Subdivision of Unit 3 of the nurrough to Yorkville, City of Yorkville, Kendall County, Illinois. For;' Varren Sch=acher 810 Morgan Yorkville, Illinois 7: cnir le.lee Cj • � � Div. � , . . _ .. . $?ATE OF Ss 5o h7.,00=70& Fotlio, Pum OF KANE ) r4 omc r'er�w This is to certify that I have located the improvements on the above described "tty and that the plat drawn hereon correctly shows the location of said improvements. jeny U. Dolph Land Surveyor 608 W. Spriog"It Aurora. Ill. 60506 *is; La Surveyor No. 1893 V Data q/ job. No.AMA 777 r STATE OF ILLINOIS ) ss. COUNTY OF mmALL ) •_ PETITION FOR VARIANCE AS TO REAR LOT-LINF AND LAND C017FPAGF NOW COMES MICHAEL HITZEMANN and PX ELA HITZEMANN, being the owners of real estate located at 808 Morgan Street, Yorkville, Kendall County, Illin- ois, who request the following variances from the Zoning Ordinance of the United City of the Village of Yorkville; 1. That the existing lot owned by MICHAEL and,-PAMELA HITZE ANN has a depth of 101.58 feet, and a street width of 91.33 feet. 2. That said real estate is improved with a single family residence. 3. That the subdivision in which said residence was constructed was ap- proved and platted by the United City of the Village of Yorkville prior to the adoption of a present zoning ordinance. 4. That petitioners have had drawn up plans providing for an addition to their existing residence of 303.3 square feet. 5, That with the addition added on to the rear north portion of the said residence, the rear set back from the eastern edge of the addition to the eastern boundary of the subject real estate would be 28,5 feet. 6. That said residence and building lot are presently zoned R-2 under the classification assigned to it by the City after it being originally plat- ted. 7. That under the existing zoning classification of R-2, the structure located on said premises and the rear yard lot-line are presently nonconform- ing uses, in that Section 6.02 Paragraph C Number 3 of said Zoning Ordinance provides that a R-2 zoning lot must contain at least 12,000 square feet; and Subsection D Number 3 of said ordinance requires a 40 foot set back line. 8. That if said lot were zoned under the existing ordinance of the United City of the Village of Yorkville, it would .be classified as a R-3 building lot, and would be required to have only a 30 foot rear yard set back under Paragraph 6.03 G Number 3 of said Zoning Ordinance. 9. That the lot coverage under an R-3 zoning classification would permit up to 40% of the zoning lot to be used for building purposes, under 6.03 E, Number 2. 10. That the current house located on said lot covers in excess of the 20% of the lot coverage as is required under Paragraph 6.02 E of the existing Zon- ing Or4imnca. e f aip 11. That the classification of the entire subdivision in which his home was constructed as R-2 failed to take into account the existing cir- cumstances of the residences located thereon. 12. That the proposed addition to the residence of petitioners would not provide less of a rear set back than other existing residences located on Morgan Street. WHEREFORE, petitioners pray that the Zoning Board of Appeals and the City Council treat the existing lot for purposes of set back under the R-3 zoning classification of the City since it is a nonconforming use in the R-2 classification; and that the City permit a variance in the real lot-line to 28.5 feet from the real lot=line for the addition to be constructed; and that an addition of 303.3 square feet be allowed to be constructed on said property in excess of the limitation of lot coverage under the existing or- dinance of R-2 construction. PAMELA T3I STATE OF ILLINOIS ) ss. COUNTY OF FALL ) MICHAEL HITZENANN and PAMELA HITZENANN first being duly sworn on oath, depose and state that the are the petitioners in the above and foregoing I� Y P g g Petition for Variance as to Rear Lot Line and Land Coverage; that they have read the Petition by them subscribed; that the facts contained therein are true in substance and in .fact. MICHAEL HITZEMANN PAMELA HITZEMANN U '�- Subscri d and sworn to before me, 1985. Notary �c