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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. -- ---- ---- -- --------- -- -- ---- ---- 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 ------- --- ------ -- - ---- - -o-------- -------- --& ---- 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 ------------- ----- -- 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" . vt 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