Zoning Board of Appeals Packet 2006 04-19-06 `' ED C/T
United City of Yorkville Memo
r 800 Game Farm Road
EST: 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
o� rw p Fax: 630-553-7575
,2
SCE
AGENDA
ZONING BOARD OF APPEALS
WEDNESDAY, April 19,2006
7:00 P.M.
City Council Chambers
Meeting called to order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes (Corrections/Approval): January 10, 2006
Public Hearings:
1. ZBA 2006-12 HRM Properties, petitioners,have filed an application with the United City of
Yorkville, Kendall County, Illinois seeking a variance to the Building Regulations Section 8-
11-4C-2 Permitted Signs in Business Districts increasing the number of signs to three, from
two. The property is located at the southeast corner of Route 47 and Route 126, Yorkville,
Kendall County, Illinois.
New Business:
1. ZBA 2006-12 HRM Properties,petitioners, have filed an application with the United City of
Yorkville, Kendall County, Illinois seeking a variance to the Building Regulations Section 8-
1 1-4C-2 Permitted Signs in Business Districts increasing the number of signs to three, from
two. The property is located at the southeast corner of Route 47 and Route 126, Yorkville,
Kendall County, Illinois.
Additional Business:
Adjournment:
Page 1 of 5
RAF
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS MEETING
Tuesday,January 10,2006,7PM
City Conference Room
Board Members in Attendance
Bill Davis Harold Feltz
Mike Skinner Ryan Woods(wT.7:15pm)
Ben Moe
Other City Staff in Attendance
Anna Kurtzman, ICCI
Guests
Sam Saravanos, Saravanos Properties Cheryl Grate, Grate Signs
Larry Saravanos, Saravanos Properties Lynn Dubajic,
Yorkville Economic Development Director
The meeting was called to order at 7:05pm by Chairman Bill Davis. Roll call was taken
and a quorum was established.
Previous Meeting Minutes:
September 8, 2005 minutes unanimously approved on a motion and second by Harold
Feltz and Ben Moe.
October 17, 2005 minutes unanimously approved on a motion and second by Ben Moe
and Mike Skinner.
January 8, 2004 minutes: it was noted by Ms. Kurtzman that these minutes were only
informally approved on March 24, 2004 because there was no quorum at that time. On a
motion by Mike Skinner and second by Harold Feltz, these were unanimously approved.
Public Hearing;
Chairman Davis asked for a motion to open the Public Hearing. Mr. Feltz moved and
Mr. Moe seconded a motion to open this hearing. Motion approved by all.
Page 2 of 5
The request for a variance was filed by Larry Saravanos of Saravanos Properties. He
requested to install a freestanding sign(at 7131 Route 47)that is larger than the current
ordinance allows.
Cheryl Grate introduced herself as a representative of Grate Signs. She said the sign
being requested is 216 square feet and a height of 27 feet. She noted the current
ordinance allows for a 100 square foot sign with a height of 20 feet. The larger sign is
being requested because of the overall size of the development. The sign is also being
requested on behalf of the tenants who are in the back portion of the development to
allow them maximum exposure for their businesses.
For reference and comparison purposes,Ms. Grate produced 2 photos of 100 square foot
signs, those being the signs for Pro Golf and Hair Cuttery on Rt. 47. She also showed a
photo of the Menard's sign that is 340 square feet and a height of 35 feet. She said that
each of the tenants in the Saravanos development would receive 9 square feet of space on
the sign. The development being discussed is named Stagecoach Crossing.
She described their sign as having a roof that mimics the roof of the shopping plaza and
brick pylons would be used rather than sheet metal poles. Ms. Grate noted that the
developer was spending extra money to make this sign aesthetically pleasing. Mr. Feltz
asked if there was a drawing to illustrate what the plaza would look like. Though there
was no drawing, Sam Saravanos gave a brief overview of the number of units and square
footage in the plaza. It was noted that the outlots would have their own signage. There
will also be signs on each unit as well.
There was no further discussion and Chairman Davis asked for a motion to close the
Public Hearing. So moved by Mike Skinner and seconded by Ben Moe. Carried.
New Business:
Mr. Feltz moved and Mr. Moe seconded to enter into New Business. Carried.
Discussion was begun with Mr. Skinner stating that this request is beyond the scope of
authority of this Board because it exceeds 35%of the allowable height. Because of this,
the Board could only make a recommendation to the City Council.
Ms. Kurtzman stated that each lot on this property would be allowed a sign and a sign
above each door. It was noted that the entire property is owned by one person,but there
are five buildings.
Mr. Skinner stated that he felt the sign was just too large and is almost double the
maximum allowed. However,he added that it is a hardship because the property is
landlocked. He also commented that this property could theoretically be subdivided. He
concluded by saying the sign was too big and would be contrary to the codes adopted by
Page 3 of 5
the City. Mr. Feltz said he thought the sign would be OK,however,he added that if the
property were divided, the process would need to start again for signage. In further
discussion, Ms. Grate said that the businesses in this development would not be national
chains with extensive advertising and their signage is very important.
Ms. Dubajic then spoke and said the Council is directing her to entice small businesses as
well as the big retailers. She said this area in question is in great need of the type of
businesses that will be tenants there. Due to the configuration of the property, the tenants
will be at a disadvantage. These things should be considered in the decision the Board
makes.
Mr. Skinner felt that the building was built without thought given to the signage. He
said the City needs to address such situations so that the City does not allow unlimited
signs.
It was suggested by Mr. Woods,that there might not be 20 tenants,therefore eliminating
the need for so many names on the sign. The divider bars on the sign can be moved to
adjust to the number of tenants.
Mr. Skinner asked if signage was discussed at Plan Commission meetings. It is not
discussed there. Since similar situations might arise in the future,he suggested that such
large signs should be discussed as part of the PUD or pre-annexation agreements. He
also suggested that the size of the sign should be proportionate to the square footage of
retail space. Finally,he recommended that the Council should address the sign
ordinance to reflect the needs of each individual parcel and the sign should be approved
at the time of the permit.
Mr. Moe felt this was a hardship for the property owner and that the current codes do not
accommodate the various situations that might arise. He also said it discourages a larger
number of stores and that the sign ordinance should be tied to the number of stores or
square footage. Mr. Davis concurred with this assessment and also asked if the white
background could be muted with an ivory background. He also suggested using ground
lights to illuminate the sign. Ms. Grate did not feel floodlights would be a good
application and she indicated inside lighting would be a more viable solution.
Other sign configurations were also briefly discussed to reduce the overall height. Mr.
Davis said he was concerned about setting a precedent if larger developments came in
and requested even larger signs based on the number of tenants.
The Jewel sign was also discussed and it was noted that the smaller businesses are not
advertised on this sign,however,they are thriving. Ms. Dubajic also agreed that the sign
ordinance needs to be revisited.
Page 4 of 5
The committee then entered into the Finding of Fact.
1. The committee agreed that there were unique physical characteristics of this
property: the shape of the lot,units are set back.
2. They also agreed that the available locations for signage were limited due to
the number of buildings, the buildings being set back and the fact that there is
only one entrance.
3. Effects on motor and pedestrian traffic: It was noted the sign will be on
private property, not on the right-of-way,will need to be lit and would not
impede traffic, sign will be visible to roadway. The committee decided that the
sign would not pose any danger to foot or motor traffic.
4. How much more cost will the applicant incur if they comply with the wishes of
the committee? The committee said the applicant could potentially have 20
small signs and no real exposure for the shopping plaza causing a business to
potentially fail.
5. Would the granting of the variance cause a public nuisance? The Board said
that no harm would come to the public with the proposed sign.
6. Does this variance request meet the intent of the signage code? It was thought
that this does not meet the general intent and that the code needs to be reviewed.
The Board then discussed how to restrict additional signs for this property if it were ever
to be split. They considered the language needed in a recommendation to prevent this.
The recommended motion as suggested by Ms. Kurtzman was to approve the two
variances regarding the height and size subject to no further ground or pole signs on the
property regardless of any future division of the land. Mr. Davis suggested amending it
to use ivory background instead of white. Ms. Grate said it can be done,but the tenants
are not known at this time and an ivory color may not go well with some color schemes.
However, she said that a"Lexan"plastic could be used to provide the desired muted
effect. She also offered that a separate disconnect switch could be installed so that all
panels do not need to be lit until there is a tenant listed.
After the above discussion, the motion was formally stated: Ben Moe moved and Harold
Feltz seconded a motion to recommend approval of the two variances regarding the
height and size, subject to no further ground or pole signs on the property regardless of
any future division of land. Also, the background color will be amended to "Lexan"
plastic and a disconnect switch will be installed to only light the top half of the sign until
the tenants are all in place. A roll call was then taken and it was passed unanimously.
This matter now moves to the C.O.W on February 7a`with a vote on February 14th
• f
Page 5of5
A second motion was made by Ryan Woods and seconded by Ben Moe to recommend to
the City Council, that a task force/ad hoc committee be formed to review the sign
ordinance before any further sign variances are processed to reflect the growth in
Yorkville and technological advances occurring
This motion was then discussed. Ms. Dubajic said that any nearby future development
may be at a disadvantage if they are not allowed a similar size sign. She added that
smaller businesses will be hurt if they are not allowed signage and that big businesses are
granted signs through their PUD's. The committee recognized that national retailers
already have name recognition and do not necessarily require larger signs.
This matter will be discussed at a future C.O.W. Ms. Kurtzman will provide a report to
the Council regarding the approved variance and the recommendation to form a task
force. Bill Davis added that he is not sure if the ordinance actually needs revision,but he
said that two of the Zoning Board members should be part of the committee. Mr. Woods
said he recommends that the multi-tenant type of sign not be allowed.
A vote was then taken on the above motion regarding the task force. The motion carried
unanimously on a roll call vote.
Additional Business:
Mr. Skinner asked if the new code books for the 2006 building code were available. Ms.
Kurtzman said the books had not been adopted yet by the City Council.
There was no further business and the meeting was adjourned at 9:28pm on a motion by
Ben Moe and Harold Feltz. Carried.
Minutes submitted by
Marlys Young, Minute Taker
CST o United City of Yorkville Memo
800 Game Farm Road
EST: 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
LE
2
Date: April 10, 2006
To: Zoning Board of Appeals
From: Lisa Pickering, Office Assistant
Subject: Additional information for Zoning Board of Appeals meeting—April 19, 2006
Attached please find a memo from City Engineer Joe Wywrot for the Cozy Corner Subdivision—
Sign Variance Request. Please add this information to your packet.
t r .
Cl,. United City of Yorkville Memo
�? �'" 800 Game Farm Road
E E sss Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
ALE
Date: April 7, 2006
To: Anna Kurtzman, AICP
From: Joe Wywrot, City Engineer
CC: John Crois, Interim City Administrator
Bill Dettmer, Code Official
Travis Miller, Community Development Director
Subject: Cozy Corner Subdivision— Sign Variance Request
ZBA#2006-12
1 have reviewed the proposed variance request, and have no objection to the number of
signs requested. I do recommend, however,that the location of all signs be located
outside any existing or proposed utility easements.
We normally require utility easements around the perimeter of all developments.
Locating signs of this type in an easement would violate the terms of the easement, and
from a practical point of view make the easement near the sign unusable. All of the signs
as shown fall within proposed easements.
I recommend that Sign#1 be moved 5 feet to the east. Sign#2 should be moved to the
west side of the Rt. 126 driveway and 15 feet off the IDOT right-of-way line. Sign#3
should be moved to the landscaped area immediately west of the south building.
If you have any questions regarding this matter,please see me.
CIT o United City of Yorkville
J .n County Seat of Kendall County
800 Game Farm Road
Esr. Yorkville, Illinois, 60560
Telephone: 630-553-4350
0 Fax: 630-553-7575
9 0, 0
Website: www.yorkville.il.us
SCE
April 5, 2006
TO: Zoning Board of Appeals
FROM: Anna B. Kurtzman, AICP
SUBJECT: Sign Variance Request
SEC RT 47 (S. Bridge Street) & RT 126 (Schoolhouse Rd)
ZBA 2006-12
HEARING DATE:
The City has received an application for a variance from the City's Sign Code. A public hearing
has been scheduled before the Zoning Board of Appeals to be held on Wednesday,April 19,
2006, at 7:00 pm at City Hall.
REQUEST:
The applicant, HRM Properties and Development, owns the 2.28 acre commercial property at the
southeast corner of Route 47 (South Bridge Street) and Route 126 (Schoolhouse Rd). This
developing lot is zoned B-3 (Service Business District). The applicant is seeking relief from
Section 8-11.4.C.2 of the Municipal Code. This section of the code states that,within the
business district, a property is entitled to one ground or pole sign per street frontage. This
property abuts two streets and therefore is entitled to a maximum of two ground or pole signs.
The applicant is seeking to place a total of three pole signs on the property as depicted on the
attached site plan. Each of the three signs will meet the height requirements (no higher than 20
feet from the ground) and area(sign area will be 96 sq ft, less than the maximum allowable of
100 sq ft).
STANDARDS FOR GRANTING A VARIANCE:
Section 8-11-1 lFof the Municipal Code states: "The zoning board of appeals shall require from
the applicants such sketches, drawings, or photographs as shall be necessary to indicate the
present condition of the property or sign and the condition of the property or sign after the
variation is granted. The zoning board of appeals may impose reasonable restrictions or
conditions which the applicant shall be required to observe if the variance is granted. In
considering the applications for variance, the zoning board of appeals shall consider:
1. any unique physical property of the land involved,
2. the available locations for adequate signing on the property,
r
Zoning Board of Appeals
SEC Rt 47 &Rt 126—ZBA 2006-12
April 5, 2006
Page 2 of 2
3. the effect of the proposed sign on pedestrian and motor traffic,
4. the cost to the applicant of complying with this chapter as opposed to the detriment, if
any,
5. to the public from the granting of the variance, and
6. general intent of this chapter.
DECISSION
Upon closing the hearing, staff requests that the Zoning Board of Appeals make findings based
upon each of the standards listed above for each variance being sought. The purpose of the
standards is to help guide you in making your decision. (Section 10-14-5(D) outlines occasions
when the Zoning Board of Appeals may make a final decision. Variances from Section 8-11-4C
are not covered by this section therefore, the ZBA will be making a recommendation to the City
Council regarding this variance.)
After making your findings, staff recommends that the Board make a recommendation regarding
each variance sought, which will then be forwarded to the City Council. If you so desire, your
recommendation(s)may include recommended conditions or restrictions.
/abk
Attachments
C: S. Hornik
Filename: C:\Documents and Settings\Anna\My Documents\ZBA\Staff report 4-5-06.doc
s
United City of Yorkville
County Seat of Kendall County
EST. �� 1836
800 Game Farm Road
��_ W Yorkville,Illinois 60560
o L�J n 0 Phone:630-553-4350
� v�2 Fax:630-553-7575
LE �V
APPLICATION
VARIANCE REQUEST
Date of Submission: -I S -0&
1. Name of Petitioner(s): t-1 I- ,ew�
Address: -0 U nTv >r^^ t,.•�-P 5�-r��Phone Number: 630 / S°I-l a Fax Number: (v 3a/ 9-S '7- °9 D
2. Name of holder of legal title, if different from#1:
3. If legal title is held in a land trust, list the names of all holders of any beneficial interest
therein:
4. a. Street address and physical location of subject property: 5 G- Lo rear 0 L 0.t W7
D,a- . 1 a 4,
b. Proposed name of subdivision(if any):
c. Legal description of property for which zoning variance is sought:
(If more space is needed, attach as"Exhibit A".)
d. Kendall County Parcel Number(s) of property for which variance is sought:
os "Z9-t.4,00 --007
v - 32 "1-I00-001 p - 3 —4 o—o0
5. Names and addresses of any adjoining or contiguous landowners and property owners within
250' of subject parcel for which variance is requested entitled to notice of petition under any
applicable City ordinance or State Statute: (Attach a separate list as"Exhibit B".)
6. State the variance requested and the City ordinance including the section numbers to be
varied: �1� S ��..gn�-ter �F Svc N aC rte• ; Hed S;4K 5 )
Page 1 of 3
United City of York-Ole Variance Request Application Revised: 2/27/04
7. Name, address, phone number and fax number of person to whom inquiries regarding this
petition may be directed: H i,
30.0 P10 w 0
co3� /�Sg toH� fix' 6 �0 �gs°I-egf3
Attorney: Name: W)a, ,c L —3
Address: 11 v 7 i, S o r rl, 0,1-2-45-f
S f f { (-
Phone Number: u 30/SS 7- S oo Fax Number: 4 3o / S S 3 LTG�f
8. Submit application with a filing fee in the amount of$85.00.
Note: Owner/Developer will be responsible for payment of recording fees and
costs, public hearing costs including.a written transcription of public hearing and
outside consultant costs(i.e. legal review, land planner, zoning coordinator,
environmental, etc.). Should Owner/Developer not pay these fees directly,they will
be responsible for reimbursing the United City of Yorkville for the aforementioned
fees and costs.
9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and
any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10"
x 13"envelope.
In witness whereof the following petitioner(s) have submitted this application under oath and
verify that to the best of their knowledge its contents are true and correct:
Petitioner(s) (Legal property owners signature must appear on this application.)
A
Subscribed and sworn before me this day of , 2006
0
Notary Public
OFFICIAL SEAL
SARAH J PHILLIPS
NOTARY PUBLIC-STATE OF ILLINOIS
Notary Stamp MY COMMISSION EXPIRES:09/12!08
TINS APPLICATION MUST BE NOTAIRUTD.
Page 2 of 3
United City of Yorkville Variance Request Application Revised: 2/27/04
V A L4,NCE REQUEST
PETITIONER ROUTE
Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the
Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for
review and to coordinate setting a meeting date for the public hearing in front of the Zoning
Board of Appeals.
Note: You must present your request at each of the meetings below as indicated
Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in
the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the
City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals
consists of 7 members appointed by the Mayor.
A Public Hearing will be held at this time for the variance request. Notice will be given by
publication by the United City of Yorkville in the Kendall County Record and certified mail by
the Petitioner to adjacent property owners within 250 feet of the subject property no less than
fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must
be filed by the petitioner with the City Clerk's office containing the names, addresses and
permanent parcel numbers of all parties that were notified.
Step 3: Committee of the Whole: The Committee of the Whole meets the first and third
Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The request will be
discussed in an informal atmosphere at the Committee of the Whole where no formal voting
takes place. This session is to discuss and consider recommendations of prior committee
meetings.
Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at
7:00 p.m. in the Council Chambers at City Hall- This is where all City Council voting takes
place.
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative
and Planning Consultant Fees which must be current before this project can proceed to the next
scheduled committee meeting.
Please sign and return this original(retaining a copy for your records)to the Deputy Clerk,
United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 005,60.
Date:
Page 3 of 3
United City of Yorkville Variance Request Application Revised: 2/27/04
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1,�.. LEGAL DESCRIPTION OF PARCEL ONE: LEGAL. DESCRIPTION OF PARCEL TWO:
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H / Principal Meridian described an follows: Commencing at the point of intersection of the Principal Meridian described as follows: Commencing at the Northwest Comer of Lot 21,
PROPOSm maAHUmrxr Southwesterly Una of the Right-of-Way of Illinois State Routs No. 126 with the Easterly Line 'Miller Subdivision, Yorkville. Kendall County. Illinois'; thence South 89'18'51' West, along
s RA No.I 1 n.nu QJ ' of the Right-of-Way of Illinois State Routs No. 47; thence Southerly, along said Easterly Una. the Northerly Una of said Lot 21 extended Westerly. 519.21 feet to the Easterly Right-af-Way
270.88 feet to a point that is 312.0 feet Northerly of the point of intersection of sold Easterly Una of Illinois State Route No. 47; thence Northerly, along said Easterly Right-of-Way Una,
C3 O�' Una with the South Una of sold Quarter, thence North 89'18'51 East, parallel with the North being along a curve to the right having a radius of 2873.49 feet, 204.10 feet for the point of
PPavice Byte CURB AND s tine of Lot 21 in 'Miller Subdivision, Yorkville, Kendall County Illinois% 155.87 feet to the beginning; thence North 89'18 51' East, 418.19 foal thence South 00 41'09' East 100.0 feet;
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the last described One, 318.65 feet to said Southwesterly Una; thence North 57*34'51' West, along said Easterly Right-of-Way Una. 102.47 feet to the point of beginning (EXCEPT that part
C> along said Southwesterly Una, 345.78 feet; thence Southwesterly, along a line forming an conveyed to the State of Illinois Deportment of Transportation by Warranty Dead recorded June
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CONPACrED B-3 ZONING REQUIREMENTS REQUIRED PROPOSED
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LOT COVERAGE 0.50 0.18
BUILDING HEIGHT M. 35' (MAX)
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a I�NIaNO>GON RETAIL SHOPS IRARANIENCaos,Re o BUILDING SEPARATION (MIN)-SIDE TO SIDE zD 122.06
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mr1ral-w sow'u.:(5104+'D.r)
L.t z *"Mom RETAIL SHOP SITE - 70,823 sf.
IV e�x.r+ �N"wae 014.40. RETAIL SITE = 28,865 sf.
TOTAL SITE AREA - 99,688 elf.
Pa AREDAYAY RE\A4 DNS Rt. 47 AND Rt. 126
NO. DATE DESCRIPTION NO. DATE DESCRIPTION YORKVILLE. IL
PREPARM FOR KOZIOL ENGINEERING SERVICES 0 12/22/05 FINAL ENGINEERING
H & J DEVELOPMENT Prefe.b.d Engin n 1 32/09/06 FINAL ENGINEERING
3m K, 1709 OMEN Lit SITE PLAN
mONIGOA FAY IL OWN H td ,s IL ease
aw/e50-Io44 eSSULTI 1w
CIVIL/CONSLLTfKO ENGINEERS OSGN. BY: JEH I FILE NAME: 04175-SItePlan 4 �T N0.
ORN.BY: JEH SCALE: I'-ao 1 of 1