Zoning Board of Appeals Packet 2006 08-08-06 car o United City of Yorkville
J H '" 800 Game Farm Road
EST. „` : 1936 Yorkville, Illinois 60560
Telephone: 630-553-4350
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AGENDA
ZONING BOARD OF APPEALS
TUESDAY, August 8, 2006 .
7:00 P.M.
City Council Conference Room
REVISED 8/4/06
Meeting called to order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes (Corrections/Approval): July 5, 2005
Public Hearings:
Old Business:
1. ZBA 2006-41 - Atwell-Hicks, petitioner and Don and Carol Hamman as owners, have filed
an application with the United City of Yorkville, Kendall County, Illinois requesting a
variance from Yorkville City Code. The real property's address is generally located at the
northeast corner US Route 34 (Veterans Parkway) and Countryside Parkway. The
petitioner is requesting a variance to Zoning Ordinance. 10-7D-6 for a request to increase
the height of a building from 35 feet to 41 feet 8 inches, a variance to the Zoning Ordinance
10-11-3:E to request in increase the maximum width of a curb cut from 25 foot to 36 feet, a
variance to the Zoning Ordinance 10-11-3:C to request for a variance to the parking space
size to allow a stall length of 18 feet for both 60 degrees and 90 degrees and variations to
the Zoning Ordinance 8-11, variations to the sign code.
Additional Business:
1. Sign Ordinance Update - Verbal presentation by Ms. Kurtzman
Adjournment:
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS DRAFT
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY, JULY 5, 2006
Chairman Bill Davis called the meeting to order at 7 p.m. Roll call was taken and a
quorum was established.
Board Members in Attendance
Bill Davis, Harold Feltz, Dean Bromann, Ryan Woods and Ben Moe.
City Staff in Attendance
Anna Kurtzman, ICCI and Community Development Director Travis Miller.
Guests
Chris Kalischefski, Vitas Macwkevicwz and Carissa Benedik, BP.
Minutes
Minutes from the June 6, 2006 were unanimously approved by voice vote. Ryan Woods
made the motion to approve the minutes and Harold Feltz seconded the motion.
Public Hearings
Feltz made a motion to go to public hearing. Dean Bromann seconded the motion. The
motion was unanimously approved by voice vote.
1. PC 2006-38 ZBA—Steven McCleary, petitioner, and BP Product North America. The
property is located at 1402 N. Bridge Street.
The variances requested for the property are as follows:
• Request to allow for five Point of Sale signs to be considered permanent signage.
• Request to allow for an additional 71.31 square feet of signage.
• Request to allow for two additional wall signs.
• Request to allow for nine additional square feet of signage for the car wash
instructional sign.
• Request to allow for a sign to be placed on the south fagade of the car wash
building.
Chris Kalischefski, vice president of Corporate Design and Development Group, LLC,
outlined the changes proposed to the existing BP at the location. He said the proposed
changes should create an overall improvement to the corner as well as enhance public
safety and surrounding property values.
There are three elements to the proposal. One is to have an auto fuel area under a 151-
foot canopy. Currently there is 154 feet in that space. Because the Illinois Department of
Transportation intends to widen Route 47, some of the property will be taken, making it a
smaller parcel to work with.
from the street, Kalischefski said. If the signs were posted in the window, BP wouldn't
need a variance,he said. But the business is trying to make the facility look better and
therefore would need a variance to make the POS signs permanent.
Kalischefski said that the variances requested still meet the intent of the city's code. The
type of use is unique in terms of signage, he said.
Also, because there is no road located near the planned car wash, a variance is needed for
the intended signage.
Kalischefski said the business is not seeking to impose its own will by requesting the
variances.
Davis asked what would happen to the Sunfield restaurant. Kalischefski said if the
owners find another property to relocate to,then BP can either sell a portion of the
property or it could keep the property and remove the buildings. Either way, any changes
would have to come back to the city for approval.
Davis asked if there is a setback issue between the Sunfield restaurant and the car wash.
Kalischefski said the car wash would be legal and meet city codes.
Davis also asked how this BP would differ from the one at Orchard Road. Kalischefski
said it would be similar but with a few changes. For instance the size of the signage
towers would be reduced and would be symmetrical. The building materials used also
would be more user friendly.
Bromann made a motion to close the public hearing. Ben Moe seconded the motion. The
motion was unanimously approved by voice vote.
New Business
Bromann made a motion to go to new business Feltz seconded the motion. The motion
was unanimously approved by voice vote.
1. PC 2006-38 ZBA—Steven McCleary,petitioner, and BP Product North America.
Davis commented that the plan looks nice. He said he'd like the monopole signs to have a
brick base. There was some discussion about the brick base possibly blocking the view
for customers exiting onto the roadway. But in the end, Vitas Macwkevicwz,with BP,
said he would make sure the bases were brick. He asked that the sign on Route 47,
however, be bricked after the Illinois Department of Transportation has completed the
widening of the road. That would prevent him from constructing the sign and then having
to move it.
Macwkevicwz added the company would like to begin construction this year. He said the
company continues to put safety first and is a leader in the industry regarding safety.
As to the variances requested, Macwkevicwz said he doesn't believe the requests are
obnoxious.
Leading the board in the findings of fact, Kurtzman went over the standards for granting
a variance.
1. Is there any unique physical property of the land involved?
The board determined the answer is yes because three small buildings would be
constructed. Also, it is a redevelopment of property.
2. Are there available locations for adequate signing on the property?
The board determined yes.
3. What is the effect of the proposed sign on pedestrian and motor traffic?
The board determined the signage would positively effect traffic because it is done with
safety in mind.
4. What is the cost to the applicant of complying with this chapter as opposed to the
detriment, if any?
The board determined cost isn't a factor.
5. Is there any impact to the public?
The board determined no.
6. Does the request meet the general intent of the chapter of the municipal code?
The board determined it does meet the general intent.
Bromann made a motion to grant the variance for PC 2006-38 as requested with the
condition that pole signs have a base matching the brick on the building. The brick should
go around the pole from the ground to the bottom of the sign. Moe seconded the motion.
The motion was unanimously approved by roll call vote. Bromann, Davis,Feltz,Moe and
Ryan Woods voted yes.
Macwkevicwz said the company plans to begin the property redevelopment in August.
Public Hearings
Feltz made a motion to go to public hearing. Moe seconded the motion. The motion was
unanimously approved by voice vote.
2. PC 2006-41 ZBA—Atwell-Hicks,petitioner and Don and Carol Hamman as owners.
The property is located at the northeast comer of Route 34 and Countryside Parkway.
Kurtzman said the petitioner was not at the meeting. She said the petitioners presented
the city with requested information on proposed signage just that morning. She hadn't
had an opportunity to review the plan.
She suggested opening the hearing and then continuing it so that the petitioner doesn't
have to re-advertise for the public hearing. The next ZBA meeting is Aug. 2. However,
the petitioners requested that the ZBA consider holding a special meeting in July so that
the request could go on the Aug. 1 Committee of the Whole agenda.
Davis said that if the petitioner didn't get the requested material in on time, then it
shouldn't be up to the board to have a special meeting. He said the matter would be
placed on the Aug. 2 ZBA meeting agenda.
Moe made a motion to continue the public hearing to the Aug. 2 meeting. Woods
seconded the motion. The motion was unanimously approved by voice vote.
Moe then made a motion to adjourn the meeting. Woods seconded the motion. The
motion was unanimously approved by voice vote. The meeting adjourned at 8:08 p.m.
Minutes respectfully submitted by Dina Gipe.
0 o United City of Yorkville
J
AN County Seat of Kendall County
800 Game Farm Road
esr , = yeas Yorkville, Illinois, 60560
Telephone: 630-553-4350
0 Al Fax: 630-553-7575
Website: www.yorkville.il.us
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TO: Zoning Board of Appeals July 14, 2006
FROM: Anna B. Kurtzman, AICP
SUBJECT: Request for Zoning Variances
PC 2006-41 (ZBA)
NEC US Route 34 & Countryside Pkwy - Walmart
HEARING DATE:
A public hearing to consider the merits of the applicant's request was scheduled for July 5, 2006,
at 7:00 PM at the City Hall (800 Game Farm Road). Due to the timing of submittals the ZBA at
this meeting elected to continue the hearing to August 2, 2006.
REQUEST:
The applicant, Atwell-Hicks, and the owner, Don and Carol Hamman,have filed an application
to:
1. Increase the maximum height of a principal building from 35 feet to 41 feet 8 inches
(Section 10-7D-6),
2. Increase the maximum width of a curb cut from 25 feet to 36 feet (Section 10-11-
3:E),
3. Reduce the length of a parking stall from 18.5 feet for 90 degree parking stalls and
from 19 feet for 60 degree parking stalls to 18 feet (Section 10-11-3:C),
4. Have a free standing sign located interior to the lot (Section 8-11-4-C2 stipulates that
signage is to be located along the perimeter of the property),
5. Increase the maximum height of a free standing sign from the allowable 20 feet to 30
feet for two signs (one at the southeast corner of the property [adjacent to Route 34]
and one along Countryside Parkway)(Section 8-11-4-C2),
6. Increase the maximum allowable area of a free standing sign from 100 sq ft to 140.5
feet for two free standing signs (Section 8-11-4-C2),
7. Increase the number of signs located on a fagade from the maximum allowable of 2
per fagade (total maximum of 4) to 19 along the south fagade, 5 along the east fagade
and 8 along the west fagade (Section 8-11-4-0a).
Zoning Board of Appeals
PC 2006-41 (ZBA)
July 14, 2006
Page 2 of 2
CONDITIONS:
This unimproved property is approximately 25 acres and is zoned B-3 with approximately 6
acres in the northeast corner zoned R-2. The applicant has filed with the City an application to
rezone these 6 acres from R-2 to B-3. The rezoning request is processed through the Plan
Commission and will be sent to the City Council for final determination. The variance requests
will be presented to the City Council after the request for rezoning has been presented. As the
only variance request that is specifically tied to a zoning designation is the height variance, and
as the building itself is not being impacted by the requested rezoning the rezoning request should
not impact the ZBA's decision making.
The surrounding properties are zoned and used as indicated below:
Zoning Use
North R2 Undeveloped, and Single-family detached
residences
South Incorporated Single-family detached residences
East B3 Undeveloped
West B3 Undeveloped
NEXT STEPS:
After closing the public hearing no further testimony or information is to be presented to the
Zoning Board of Appeals. The Board should review the Findings of Facts for each requested
variance (see attached) and then motions can be made. As a reminder—variances from both the
zoning code and the sign code are being requested. As a result, there are two different Findings
of Fact sheets attached.
The Board can make separate motions for each requested variance or combine them. Given the
number of variances and the variety in the types of variances being requested staff is
recommending that separate motions be made for each variance being requested. The Board's
motion(s) can be to accept the variance(s), deny the variance(s) or to accept the variance(s) with
conditions.
In regards to the variances to the zoning code: Section 10-14-51) of the Zoning Code outlines
the occasions when the ZBA has final decision making authority. None of the requested
variances fall within the criteria outlined in Section 10-14-5D, therefore the Board's decision
will NOT be final and will be considered to be a recommendation that will be forwarded to the
City Council for their consideration.
In regards to the variances to the sign code: the ZBA is strictly a recommending body and your
recommendation will be forwarded to the City Council.
Assuming a recommendation is made at the August 2, 2006, ZBA meeting, the recommendation
will be forwarded to the Committee of a Whole at their August 22, 2006 meeting.
/abk
Attachments
C: T.Miller,W.Dettmer
Filename: C:\Documents and Settings\Anna\My Documents\ZBA\Walmart\Walmart ZBA 7-14-06.doc
�? United City of Yorkville Zoning Code
esr. �� _' 11836 County Seat of Kendall County
800 Game Farm Road
co Yorkville, Illinois, 60560
� r ` 0 Telephone: 630-553-4350
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Fax: 630-553-7575
Website: www.yorkville.il.us
Case:
Variance:
STANDARDS FOR GRANTING A VARIANCE:
Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not
vary (or make a recommendation to vary) the regulations of the Zoning Code unless it has made
findings based upon the evidence presented to them for each specific case based upon the
following:
1. Because the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of the regulations was
carried out.
2. The conditions upon which the petition for a variation is based are .unique to the
property for which the variation is sought and are not applicable, generally, to other
property within the same zoning classification.
3. The alleged difficulty or hardship is caused by this Title and has not been created by
any person presently having an interest in the property.
4. The granting of the variation will not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is
located.
5. The proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion in the public streets, or increase the
danger to the public safety, or substantially diminish or impair property values within
the neighborhood.