Plan Commission Minutes 1981 07-28-81 YORKVILLE PLAN COMMISSION
YORKVILLE, ILLINOIS 60560
Dr. Robert Coleman Lawrence Langland James Kenton
Robert J. Mahoney Mary K. Price Charles Beaudry
Harold Feltz Gregg Gabel Dale Woodworth
YORKVILLE PLAN COMMISSION MINUTES OF THE MEETING JULY 28, 1981
Chairman Robert Coleman opened the public hearing - Petition to Re-zone, Lot 1,
Unit 1, Harker's Subdivision, from R-2 to R-3 to enable the petitioner„Charles Baird,
to construct a two unit (duplex) building. He stated all objectors would be limited
to five minutes each.
Attorney Tom Grant, representing the petitioner, stated the lot was located at
the intersection of Blaine and Harker Streets and that Mr. Baird proposed to constuct
a two unit attached duplex. His son would occupy one unit - the other being used
for rental purposes. He stated there was a drainage easement through the property. Mr.
Grant said there were several reasons for requesting the rezoning; It is a large corner
lot and they feel it is highly adequate for this type of building. If the lot were devel-
oped, the neighborhood would be enhanced. Finally, because of the economics involved,
they felt the cost would be prohibitive for a single family dwelling and they would
like to utilize the lot to its fullest potential. He further stated that if this
were done right, they did not feel there would be a diminuation of property values
in the area.
Mr. Gabel stated that if R-3 zoning were granted, we would be unable to prevent
them from building a three unit dwelling because of the lot size as allowed by the zoning
ordinance. Attorney Grant stated that if a special use permit was needed, they would
request this and that they would follow through with their plans as presented to the
plan commission.
Ned Ash, a Harker Subdivision resident, stated that drainage is a real problem
and that the ditch overflows. Mr. Grant responded that they would not build over
the ditch. Dave Schindlbeck, resident, stated he felt the lot did not have the useable
square footage for this type of building. He said there are other open lots available
in the area and asked what would prevent other developers from requesting upward rezoning.
Attorney Grant stated the plan commission had the option to either grant or deny the
petition or to issue a special use permit.
Dr. Coleman then read excerpts from Harker Subdivision - Declaration of Restrictions
dated January 23, 1973. #1. "All lots ---- shall be used as residential lots----. All
residences shall be single family dwellings ----. #12. The covenants herein contained
are covenants which run with the land----. #13. These covenants are to run with the
land ----- for a period of twenty five years ---- and said covenants shall automatically
be extended for successive periods of ten years-----." Mr. Gabel stated we could
not ignore this document and that the implications were terrific.
Mr. Chuck Voreis, 510 Blaine Street, spokesman for the opposing residents, stated
those present were opposed to the rezoning and submitted and read a petition from
property owners of Harker's Subdivision opposing the request for rezoning. He
stated a clear majority of the residents signed the petition and they all felt they
lived in a single family residential area and so thought when they purchased or built
their homes. He submitted a copy of the subdivision covenants and restrictions .
Page 2 July 1981
to the plan commission and quoted several paragraphs from the document. He stated his group
felt this document supported their position - that the subdivision was intended and designed
to be a sin)le family residential area. He appealed to the plan commission to allow the
residents to continue to live in the area as they thought they should and that they wanted
to protect their investments now and in the future.
Mr. Gabel asked why he felt a duplex would detract from their properties. Mr. Voreis
responded he felt. this would set a precedent to allow other rezoning in the area, that
there would be more traffic and congestion, and that it would change the character and
stability of the area.
Ned Ash stated he felt a precedent setting move was being asked. He said drainage
problems already existed and that he felt it was an atypical piece of property.
Mr. Feltz asked for a description of the proposed building. Mr. Baird stated it
would be a two bedroom, two story brick duplex with attached garages.
Dr. Coleman asked if there were any further questions of comments. As there were none,
he closed the public hearing.
Dr. Coleman called the regular meeting of the Yorkville Plan Commission to order. Those
in attendance were Dr. Coleman, Mr. Feltz, Mrs. Price, Mr. Gabel, Mr. Kenton, Mr. Beaudry,
Mr. Woodworth and Mr. Clarage. Mr. Feltz moved to approve the minutes of the May meeting
and was seconded by Mr. Beaudry. All present voting aye.
81.4 Petition to Re-Zone, Lot 1, Unit 1, Harker's Subdivision from R-2 to R-3, C. Baird
Mr. Woodworth stated he could understand their concerns regarding future multi-
family rezonings because of the empty lots in the area.
Mr. Clarage stated the plan commission could not make a judgment based on private
deed covenants as that would be a civil matter.
Mr. Kenton stated that spot zoning had to be stopped at some point. The city already
contains platted duplex lots. This lo& was originally platted to be single family and it
should be left this way.
Mr. Feltz noted that both the covenants and the domino effect concerned him.
Mr. Gabel stated that the precedent setting nature of the rezoning was a compelling
argument against it.
Mr. Beaudry noted that the vast majority of the residents in the subdivision were
opposed to the rezoning.
Mr. Kenton then moved to recommend that the city council.reject the petition to
rezone from R-2 to R-3. Seconded by Mr. Gabel. A roll call vote was taken as follows:
Mr. Kenton, yes; Mr. Feltz, yes; Mrs. Price, yes; Mr,. Gabel, yes; Mr. Beaudry, yes;
Mr. Woodworth, yes; Dr. Coleman, yes. Petition denied unanimously.
Mr. Kenton then moved to adjourn the meeting and was seconded by Mr. Woodworth.
All present voting aye. Meeting adjourned.
Betty Huston