Loading...
Zoning Board of Appeals Packet 2006 12-06-06 J� � United City of Yorkville 800 Game Farm Road ESL 1 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 o ' Fax: 630-553-7575 4E AGENDA ZONING BOARD OF APPEALS Wednesday, December 6, 2006 7:00 P.M. City Council Conference Room Meeting called to order: 7:00 p.m. Roll Call: Previous Meeting Minutes (Corrections/Approval): November 1,2006 Public Hearings: 1- Scott and Leslie Hart,petitioners, 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 located at 210 W. Kendall Dr. The petitioner is requesting a variance to Zoning Ordinance 10-6C-4:B for a request to reduce the side yard setback from ten(10) feet to eight (8) feet. Old Business: 1. Sign Code Additional Business: Adjournment: 4 Page 1 of 2 RAF UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING Wednesday,November 1,2006, 7PM Council Chambers Board Members in Attendance Bill Davis Ryan Woods Dean Bromann Other City Staff in Attendance Travis Miller, Community Development Director Charles Wunder, City Planner The meeting was called to order at 7:10pm by Chairman Bill Davis. Roll call was taken and it was determined there was no quorum. Previous Meeting Minutes: October 4.2006 Since there was no quorum, the minutes were not reviewed. Public Hearings: None Old Business: L Sign Code Mr. Wunder said that he had made a few revisions to the ordinance and also eliminated some variance criteria. Chairman Davis requested that italics and strikeouts be included in the drafts in the future for easier review. Sign height was briefly discussed again and it was noted that the measurement is taken from the crown of the road. Mr. Wunder reviewed the height of a few sample signs in town. All of these signs included a"leaderboard" (the small message below the sign name) for which there are no restrictions. However, he noted that there are some restrictions on electronic leaderboards (except time and temperature). Mr. Miller said there are restrictions in place since this type of sign could be a safety hazard. Those messages must hold for a 90 second interval. Page 2 of 2 Mr. Miller asked the Board to review some aerial photos of signs and they determined they would propose all monument signs. After viewing the photos, the Board members discussed possible restrictions that should be put in place. It was noted that Oswego still allows some pole signs while Elburn allows only monument style. Mr. Bromann suggested developing a formula to determine sign size, taking into consideration the amount of frontage and the area of the building. Some maximums would also be needed and the sign would need to be proportional. It was determined that the actual sign area be considered as well as height. The Board members also discussed whether a large business should have sign sizes the same as a smaller business. Mr. Miller said the staff recommendation is to formalize an ordinance and then pre- existing non-conforming signs can be considered. Possible property tax abatements could be offered to businesses with non-conforming signs so that business owners could come in to compliance. Mr. Miller said the current incentive policy is based on sales tax revenue with the maximum being 50%towards infrastructure improvements. Mr. Bromann suggested that all businesses should be brought into compliance in one calendar year. Mr. Bromann said he was comfortable with a 48 square feet maximum sign size while Bill Davis said he wished to see more examples first. In the proposed ordinance, it requires that a certain percentage of the sign should match the building material of the main structure that requires some masonry. Mr. Woods requested the dimensions of two signs in Elburn that he felt were adequate sizes and use them as examples. In conclusion, Mr. Miller recommended that the proposed draft be placed on the EDC agenda for discussion at the November 21St C.O.W. Council feedback will be requested, a new staff report will be compiled and it will be brought back to ZBA in December. He also suggested a workshop in January or February to invite businesses to provide feedback on visuals. It was noted that the last sign ordinance draft was done 2-4 years ago. Additional Business: A proposed schedule of meetings for 2007 was given to Chairman Davis for approval and inclusion in the official meeting calendar. The schedule was approved. There was no further business and the meeting ended at 8:25pm. Submitted by Marlys Young, Minute Taker D Cary -r United City of Yorkville JUT EST. , 1836 Count),Seat of Kendall County SDD Game Farm Road �= CO Yorkville, Illinois 60560 O� �^\=0 Phone:630-553-435D «.ro. Fax:630-553-7575 LE APPLICATION VARIANCE REQUEST Date of Submission: 10- 20-04o 1. Name of Petitioner(s): J C 4 and i-esli G 4ar4- Address: 210 Ind Kenda 1 I �r' (P. �,�q I� �o r kV r I le Co0 S(o L) Phone Number: (030- 55 3 - 10(0 4 Fax Number: 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: 2 1 W- Keno(aI I br. 1 yy r L- (00s(o c� b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought: lot Ip in bloe.k 1Z- in Camfruside Cjw1P- Uni'+ no 2 in+he n�+u of qnr-kodle. Kendall an ,LL (If more space is needed, attach as "Exhibit d. Kendall County Parcel Number(s) of property for which variance is sought: 02- D-0— g71n- D� 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 "ExEbit B".) 6. State the variance requested and the City ordinance including the section numbers to be varied: ce, side Lln rd Se-I-ALL From Ao 10-0 8' �c Page 1 of 3 United City of Yorkville 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: gCOf+ and L.e.Sli e, Har-� .2 1D Lo. KenCt 0j I fj�sr } f`�-oY 9 l , Vor ku i I I e S L Lor s to 0 Co3U-553- 10(09 hbmro teW- 7ya--z7-79 /cell - Lesiie) Attorney: Name: Address: Phone Number: Fax Number: 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.) Subscribed and sworn before me this Iq day of , 200 _. ENOTARY IAL SEAL' . DELPHEY Notary Public ,STATE OF II LINOISPi E SIRES 07/i 4/07 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 2 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 VARIANCE 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 605 0. Date: o�)(� Page 3 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 EXIIIBIT B 1. JAVIER& SANDRA CONTRERAS 02-20-476-001 206 KENDALL DRIVE, WEST YORKVILLE, IL 50560 2. STEVEN&ROBIN STERKEL 02-20-476-002 204 KENDALL DRIVE, WEST YORKVILLE IL 60560 3. JOHN KONOPELSKI & CATHERINE SCHNEIDER 02-20-476-003 202 KENDAL DRIVE, WEST YORKVILLE IL 60560 4. THOMAS & KARIN KABAT 02-20-476-004 108 KENDALL DRIVE, WEST YORKVILLE IL 60560 5. WILLIAM& SHARON MARSHALL 02-20-476-009 212 KENDALL DRIVE, WEST YORKVILLE IL 60560 6. JAMES HAUGE 02-20-476-010 214 KENDALL DRIVE, WEST YORKVILLE IL 60560 7. BERNICE WOOD DEC LIV TR 02-20-476-011 216 KENDALL DRIVE, WEST YORKVILLE IL 60560 8. RICHARD HOOVER 02-20-476-012 218 KENDALL DRIVE, WEST YORKVILLE IL 60560 MAILING ADDRESS: 1207 BRIDGE STREET, SOUTH YORKVILLE IL 60560 9. SHIRLEY&ROBIN DAVID 02-20-476-016 113 CONOVER COURT YORKVILLE IL 60560 10. STEVE & KAREN PAMSON 02-20-476-017 111 CONOVER COURT YORKVILLE IL 60560 11. BRIAN& TABETHA MILLER 02-20-476-018 109 CONOVER COURT YORKVILLE IL 60560 12. DAVID &JANICE WATSON 02-20-427-003 201 KENDALL DRIVE, WEST YORKVILLE IL 60560 13. DESULIS ELSPITH 02-20-427-002 203 KENDALL DRIVE, WEST YORKVILLE IL 60560 14. JAMES HALL REV LIV TR 02-20-427-001 205 KENDALL DRIVE, WEST YORKVILLE IL 60560 15. JAMES&MARY RATOS 02-20-453-023 207 KENDALL DRIVE, WEST 02-20-453-022 YORKVILLE IL 60560 16. DORRANCE &PHYLLIS OLDENBURG 02-20-453-006 211 KENDALL DRIVE, WEST 02-20-453-007 YORKVILLE IL 60560 17. RICHARD FRAUENFELDER& COURTNEY ELGIN 02-20-453-008 215 KENDALL DRIVE, WEST YORKVILLE IL 60560 26'11 N ih Existing Split Level Home 16'5 I I I I I I I I uP I I I I I----------- -------I Proposed N Garage " Addition Existing Garage----�> 1T4 �9'1� o United City of Yorkville J 's` County Seat of Kendall County iaas 800 Game Farm Road ..`�; Yorkville, Illinois, 60560 0 y Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us TO: Zoning Board of Appeals November 13, 2006 FROM: Anna B. Kurtzman, AICPGK/,t- SUBJECT: Zoning Variance Request 210 W. Kendall Drive PC2006-88ZBA HEARING DATE: The City has received an application for a variance from the City's Zoning Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, December 6, 2006, at 7:00 pm at the City's Council Chambers (located at 800 Game Farm Road). REQUEST: The applicants, Scott and Leslie Hart, own 210 W. Kendall Drive, Yorkville, Illinois (Property Identification Number 02-20-476-008) located on the east side of Kendall Drive approximately 485 feet north of Strawberry Lane. The legal description for the subject property is: Lot 6 in Block 12 in Countryside Center, Unit No. 2, in the United Village of Yorkville, Kendall County, Illinois. This lot is currently zoned R-2 (one-family residence district) and is improved with a single-family detached house. The applicant is seeking the following variance: 1. Section 10-6C-4b—request to reduce the required setback from a side yard from 10 feet to 8 feet(this applies to the northern lot line). CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South R2 Single-family detached housing East R2 Single-family detached housing West R2 Single-family detached housing 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 • ZBA 210 W. Kendall Dr—PC2006-88ZBA November 13, 2006 Page 2 of 2 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. NEXT STEPS Upon closing the hearing, staff requests that the Zoning Board of Appeals (ZBA)make findings based upon each of the standards listed above for each variance being sought. (Section 10-14- 5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. Subsection 1 a indicates that the Zoning Board of Appeals may grant the variance if the variance is less than 25% of a setback standard. The variance to the side yard setback(reducing the setback from 10 feet to 8 feet)is reduction of 2 feet or 20%. As the variance is less than 25%of the required setback the ZBA's decision will be final. As you know, you make recommend to approve, deny or approve the request with conditions. /abk Attachments C: W.Dettmer Filename: CADocuments and Settings\Anna\My Documents\ZBA\210 W Kendall-Hart\11-13-06staffinemo.doc PLAT OF SURVEY KENDALL R. W. DRIVE R=539.61' R=567.00'CH=5.00 CH=74.9 ' l3, 5 Ire A� 32.7' 35.1' : 0' BLDG. SCALE 1„--20' -------- ---- - LINE 20.4' , - -- o=FOUND IRON PIPE 26.9' i �; SPLIT-LEVEL, O'HANG { BRICK a? ; . AND � FRAME HOUSE - e 16.6' Z e GARAGE a. t. O M 17.9' 26.09 Cv O C6 L­DECK O • e a° 17.3' 10' UTILITY EASEMENT 78.07, 1� PLAT OF S-URVEY`O€ LOT-9-IN- 0CK 12 IN COUNTRYSIDE CENTER, UNIT NO. 2, IN THE CITY OF YORKVIIIZ NDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS 210 W. KENDALL DRIVE. STATE OF ILLINOIS) SS COUNTY OF KANE ) ..,. ' VImWE, E.D.M. & ASSOC *fl j i� LLINOIS PROFESSIONAL LAND SURVEYING- CORPO �b `9 HEREBY CERTIFY THAT THE PLAT SHOWN HEREO$]r1P`c0�. ,RRESENTATION OF A SURVEY PERFORMED AT 44 T) 0 }ITION. ZZ DATED AT AURO _ C1 I f19, 2001. Li! d 1 Rev.Date Rev.Description Todd Surveying_ E.D.M. & Associates, Inc. Aurora,Illinois r��l/rll� , �«,�,�����``�` Book Number: NH Dw8•S'me: S Aurora Tel. (630)892-1309 Drawn By TLC checked • Sandwich Tel. (815)786-8210 Reference: Fax: (630)892-5544 970628-695—S ILLINOIS PROFESSIONAL Michel C. Ensalaco Craig L. Duy ftiectNmftr 2001-0258 r LAND SURVEYORS I.P.L.S. No. 2768 I.P.L.S. No. 3359 L ! x ` PLAT OF SURVEY KENDALL R O.W. DRIVE R R=539.61 =567.00'CH=5.00' T=CH= ' 74.9 :f Sts; •.•:•��''l• pp 32.7' 35.1' —`..., 0' BLDG. SCALE 1"=20' 20 -- ------------ LINE .4 o =FOUND IRON PIPE 26.9' �,' SPLIT—LEVEL O'HANGJ ; BRICK (y) - AND � FRAME HOUSE J� L• 16.61 GARAGE - p 17.9 26.0' , O LO DECK LO v/ 17.3' O. 10' UTILITY EASEMENT ----- --------------------- �_1') 78.07' PLAT OF SURVEY-OF LOT-6—IN—BLOCK 12 IN COUNTRYSIDE CENTER, UNIT NO. 2. IN THE CITY OF YORKVILLE NDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS 210 W. KENDALL DRIVE. STATE OF ILLINOIS) SS COUNTY OF KANE ) WNWE, E.D.M.. & ASSO � ,ILLINOIS PROFESSIONAL LAND CORPOT '9� HEREBY CERTIFY THAT THE PLAT SHOTn11�T HEREO �lP'COj i14PRESENTATION OF A SURVEY PERFORMED AT ZON 0 =�}I �TION. DATED AT AURO add 19, 2001. w d zz zz Rev.Date Rev.DescrlpUon Todd Surveying_ E.D.M. & Associates, Inc. ''�, 46 Aurora,Illinois ����i�irrO„F, I�u�a��''�°\ Book u see: Number NB Dw9 S Aurora Tel. (630) 892-1309 Sandwich Tel. (815) 786-8210 Drawn By- TLC checked Reference: Fax: (630) 892-5544 970628-695—S ILLINOIS PROFESSIONAL Michel C. Ensalaco Craig L. Duy Project Number: LAND SURVEYORS I.P.L.S. No. 2768 I.P.L.S. No. 3359 2001-025© t L