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