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Plan Commission Minutes 1985 10-22-85 ,a MINUTES OF THE PLAN COMMISSION OF THE CITY OF YORKVILLE HELD AT CITY HALL ON OCTOBER 223 1985 AT 7 : 00 P .M. -- ---- ---- -- ------- -- -- ---- ---- Chairman Groner called the meeting to order. The roll was called with the following members in attendance : Mr. Langland, Mr. Beaudry, Mr. Feltz , Mrs. Price, Mr. Groner, Mr. Ament, and Mr. Stewart. Also present at the meet- ing were Jim Clarage, Jim Hayden, Attorney Tom Grant , Ron Westphal , Curt Medin, and Mel Ahrens . Mr. Langland made a motion to approve the minutes as written. Mr . Ament seconded the motion . All members were in favor . PC-85-7 - Petition to rezone from B-2 to B-3 by Ron & Carol Westphal at 904 South-Brid&e--------------------------------------------- Chairman Groner stated that the order of business would be to consider the petition by Ron Westphal to rezone from B-2 to B-3 at 904 S. Bridge. A copy of the application for rezoning was attached to the member's material. The property is located at the top of the hill and is where the used car lot sales is presently . Attorney Grant stated that the petitioner brought the property from Gary Gable when it was a gas station and is paying for it under contract. The property has been used as a gas station for over 30 years and was grandfathered into the City. The City approached Mr. Westphal to rezone the property. The property is currently zoned B-2. For used car sales , the petitioner needs a B-3 zoning classification. Attorney Grant did not see that the B-3 zoning would be inconsistent with the adjoining areas. There is an auto parts and body shop on the sides of the property. There is heavy commercial uses in the area. They would like to bring the property into compliance to the existing use . Mr. Ament inquired as to the square footage of the entire property. Mr. Westphal believed it to be less than an acre . Mr. Langland stated that he was reluctant to give the property all of the B-3 uses. Mr. Westphal stated that he would rent the property for the best use to get the most money out of it . Mr. Hayden stated that the City approached Mr. Westphal to petition to bring his property into the correct zoning . Mr. Langland inquired as to what ordinance the city has to prohibit junk piles on a property. Mr. Hayden stated that the city had spoke to the owner of the Rod Shop and was informed that he will be moving out . Mr. Langland felt that some type of ordinance should be enforced. Mr. Medin inquired as to whether there is a junk car ordinance. Mr. Groner felt that this was not relevant to the Mr. Westphal's rezoning. Attorney Grant stated that the court will give the City the right to remove the junk piles , but if the owner does not remove it, the City must do it at their expense and then put a lien on the property. Mr. Westphal suggested that the city speak to the owner and ask him to move the cars and tell him it does not look good for the other businesses. Mr. Hayden stated that he had been approached. The Body Shop was grandfathered in. Mr. Ament inquired as to whether a variance would have to be given to the property for the square footage. Mr. Westphal stated that 20,000 ft. is less 1 'than half an acre, and he believed the parcel was larger than that. Mr. Westphal stated that he would need the square footage to do a certain type of business . Mr. Langland felt that the Plan Commission should get all the non-conforming properties to come in and rezone. Mr. Feltz stated that it may be a better idea for the City to rezone the whole area at one time. If B-3 zoning is given to one property, it will have to be given to all of them. The petitioner stated that he would agree to wait so long as the City does not put anymore pressure on the car dealership until a decision is reached. Attorney Grant suggested that the Plan Commission table the petition. Mr. Groner felt that all the non-conforming properties should be corrected at one time. Attorney Grant stated that he did not see that the property owners would object if they were given a heavier zoning. Chairman Groner suggested that they table the petition and rezone the entire non-conforming strip at one time. Mr. Langland suggested that they wait until the new comprehensive plan is completed. Mr. Stewart inquired as to what Mr. Westphal would forsee the property being used as in the future. Mr. Westphal stated that he did not envision the property being used as a used car lot . He would have to wait to see what will happen in Yorkville in the future in terms of population, etc.. Attorney Grant stated that they may also want to consider that Rt. 47 will be a four lane highway in the future. Mr. Westphal stated that his corner property is currently zoned B-2. He felt that the entire strip would not be developed until a sewer system is put in. Mr. Langland made a motion to recommend to the City Council that the petition be tabled, and they look into bringing the entire non-conforming strip into compliance at one time. Mr. Beaudry seconded the motion. A roll call vote was taken: Price - yes Beaudry - yes Ament - yes Groner - yes Stewart - yes Feltz - yes Langland - yes The motion carried unanimously . Mr. Feltz stated that they may want to wait until the comprehensive plan is completed. The members felt that they should do this rather than spot zoning. Mr. Langland stated that the City would receive the sales tax whether the property is zoned B-2 or B-3. He suggested that the City talk with the property owners and ask them to clean up the area. Attorney Grant questioned what the zoning is on Rt. 47 north of the Y-Mart on Mr. Westphal's property. Mr. Langland believed that it was zoned B-3 with the provision that outside storage must be screened. Mr. Westphal stated that he may have a use for the property soon . Mr. Hayden stated that he had made a motion at a previous Council meeting to put money in the budget to do a comprehensive plan. The Council wanted to wait to do this until the next fiscal year . Mr. Stewart felt that there may be a problem with zoning the non-conforming properties B-3 due to the fact that Mr. Lee was given B-2 special use. Mr. Groner stated that the properties will be rezoning to conform to their current use. Mr. Stewart suggested that these properties be given a B-2 special use. Mr. Westphal did not think this would be fair to the owners due to the fact that they will not be able to sell their property for its use with that type of zoning. Mr. Stewart stated that the zoning could be given if they did not continue the same use. Mr. Langland stated that the grandfather clause was to run out after 10 years . Mr. Ament made a motion to adjourn the meeting. Mr. Beaudry seconded the motion. All members were in favor . Debbie Robertson, Rec . Secretary