Plan Commission Minutes 1984 09-25-84 MINUTES OF THE PLAN COMMISSION OF THE CITY OF YORKVILLE
HELD AT CITY HALL ON SEPTEMBER 25, 1984 AT 7: 00 P.M.
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Chairman Jerry Groner called the meeting to order. Roll call was taken with
the following members present: Mr. Beaudry, Mr. Holdiman, Mr. Ament, Mr.
Langland, Mr. Stewart, Mr. Feltz, Mr. Groner, and Mrs. Price. Also present
were City Planner, Jim Clarage and City Council Representative, Larry
Jennings. Mr. Langland made a motion to approve the minutes of the August 28,
1984 meeting as written. Mr. Beaudry seconded the motion. All members were
in favor .
Reasons for Denial of petition 84. 5 by the Yrkville American Le ion Post
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Mr. Feltz stated he received a letter from the City Clerk requesting that the
Plan Commission state the reasons for denial of the petition from the American
Legion Post #489 to rezone A-1 to B-3 on the John Conover property. Mr. Feltz
asked the members to share their reasons why they denied the petition. The
members gave the following reasons :
1 . The comprehenseive plan shows the property as being zoned as a
low density, residential area .
2 . The members were concerned with the safety of the intersection.
They felt that a safer access road would be desirable .
3 . They felt that the Legion' s plans were somewhat vague. The
opportunity was given to the Legion to negotiate so as to pro-
vide some middle ground for the opposition, and they did not
wish to do so. They wanted the decision made on the zoning
from A-1 to B-3 with no other considerations , but did not
present their case as such.
4 . The members were also opposed to the rezoning because the
residents in the area had built nice homes and were there prior
to any business area . The Commission felt that the residents
had a right to expect some kind of a buffer.
5. The Commission felt that the entire property did not need
to be rezoned to B-3. They felt that something should be
put in between a residential area and a business area.
6 . The Commission also felt that it would bey to a certain extent,
spot zoning.
Mr. Groner stated that in the future the Commission should list the reasons
why their vote is negative or affirmative. The members agreed to list their
reasons after the motion has been made and voted on .
Non-Conformingt B_ o g
2 Zning alon Et. 47
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Mr. Groner stated that the next item of business would be discussion on the
non-conforming property which would include the Tastee Freeze, the 76 Station,
the School Administration Office, Witts, Ron Westphal, Kanes Auto Sales,
Yorkville Auto Parts , the Auto Body Shop, Zeiters, and The Rod Shop. The
property is presently zoned B-2. Mr. Langland stated that he would not be in
favor of rezoning the entire property B-3 due to the fact that there is
residential property in the area. Witts was believed to be conforming under
B-2. Mr. Clarage stated that the 76 Station could stay B-2 under a special
use. The restaurant would fall under B-1. The Big T Family Restaurant would
be under B-2 conforming. The lot requirement for B-2 zoning is no less than
5,000 ft. and B-3 zoning is no less than 20,000 ft. Mr. Langland stated that
instead of rezoning, he would rather carry the business under non-conforming.
Mr. Clarage stated that the Commission could add items to the list of the uses
of zoning. Mr. Langland inquired about the residential home next to the Rod
Shop that is being used to fix and sell cars. Mr. Jennings stated that it was
being looked into by the Building and Zoning Inspector. Mr. Jennings inquired
as to whether there was a time period before a new owner could take over the
business. Mr. Clarage stated that on Page 68 paragraph F of the Zoning
Ordinance Book it states if the existing use of a property was non-conforming
at the adoption of the zoning ordinance, the business would have 15 years to
comply. The ordinance was adopted in 1974, so the business can operate until
1989. Kanes Auto Sales would not meet the requirements of B-3 zoning, and
they should petition to rezone or get a variance. The Rod Shop and the house
next to it would also need looking into at this time .
Fencing Ordinance
Chairman Groner read from Mr. Jennings letter regarding the Building and
Zoning Committee's comments in reference to the fencing and swimming pool
ordinance. It stated the Committee's overall impression of the fencing
ordinance was that it is too complicated.
Section 1 - In Paragraph E and F a statement should be included so as to say
"except for farm related use only" .
Section 2 - The members felt that the City should charge for services
rendered. They should keep the $ 15 charge for a building permit .
Section 3 - All members felt that it was too wordy. They felt that the draw-
ing should be of adequate quality so that the Building Inspector
can make a decision. The Building Inspector can decide what the
property owner would need when he comes in to get a permit .
Section 8 - Mr. Stewart inquired as to what the proper height of a hedge would
be. Mrs. Price felt that it would depend on where they were
located. Mr. Feltz thought that it should be left up to the
Building Inspector .
Section 10 - There was question as to what was actually being said in Part C.
All members felt that a diagram should be included with this
Section so as to provide a better understanding.
Section 11 - Mr. Feltz inquired about Part C. He felt that they should be
allowed to be closer than three feet to the lot line as long as
the adjoining property owner was in agreement to it . Mr . Clarage
stated that he would put in a clause stating "unless approved
in writing by the adjacent property owner" .
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Mr. Clarage stated that he would bring back the fencing ordinance at the next
meeting with the additions that were made tonight. Mr. Groner suggested that
the members read through the ordinance and make notes where they felt the
ordinance could be simplified. The ordinances will be discussed at the
October 23, 1984 meeting at 7: 00 p.m. at City Hall. Chairman Groner asked for
any additional business. Mr. Langland made a motion to adjourn from the
meeting. Mr. Feltz seconded the motion. All members were in favor. The
meeting was adjourned .
Debbie Robertson, Rec . Secretary