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Zoning Board of Appeals Packet 2004 03-24-04 United City of Yorkville tiaill;r . -n County Seat of Kendall County EST. ,Z 1836 800 Game Farm Road fn Yorkville, Illinois 60560 Q Phone:630-553-4350 14. . Fax 630-553-7575 `it L E \\vAGENDA ZONING BOARD OF APPEALS WEDNESDAY, March 24, 2004 7:00 P.M. CITY COUNCIL CHAMBERS Meeting called to order: 7:00 p.m. Roll Call: Previous Meeting Minutes (Corrections/Approval): January 8, 2004 Public Hearings: 1. ZBA 2004-01: Frank R. Willman, Sr., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois seeking a variance to the Zoning Ordinance Section 10-6C-3B Lot Area and Allowable Density and 10-3-4 Number of Buildings on a Zoning Log allowing the lot to be split and a reduction in lot size and width. The property is located at 104 W. Somonauk Street, Yorkville, Kendall County, Illinois. New Business: 1. ZBA 2004-01: Frank R. Willman, Sr., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois seeking a variance to the Zoning Ordinance Section 10-6C-3B Lot Area and Allowable Density and 10-3-4 Number of Buildings on a Zoning Log allowing the lot to be split and a reduction in lot size and width. The property is located at 104 W. Somonauk Street, Yorkville, Kendall County, Illinois. Additional Business: Adjournment: UNITED CITY OF YORKVILLE Page 1 of 4 ZONING BOARD OF APPEALS MEETING THURSDAY, JANUARY 8, 2004, 7PM In Attendance: Board Members in Attendance Bill Davis, Co-Chair Dean Bromann Ryan Woods Mike Skinner Ralph Pfister Also in Attendance Anna Kurtzman Jay Stockbridge Peter LoDestro The meeting was called to order at 7:10pm by Bill Davis Roll Call was taken. Minutes The minutes of the October 14, 2003 were approved on a motion by Mike Skinner and second by Ryan Woods. Motion passed. Public Hearings The first case was introduced, after which the guests, Peter LoDestro and Jay Stockbridge-Architect, were sworn in by Bill Davis. Public Hearing ZBA2003-26: Mr. LoDestro requested a variance on the sign ordinance so construction on his sign could be completed. The sign is located on Bridge Street and is constructed of brick and stone. Mr. LoDestro displayed a drawing of the ground sign. His request is for a variation of the height. Mike Skinner questioned why the sign is higher. Mr. LoDestro replied that he anticipates 3 or 4 more tenants and wanted the lettering larger. Ralph Pfister asked what the height is. The height is 7'8" on the pillars and the actual sign height is 7' off the ground Ryan Woods asked if the petitioner knew of the ordinance. According to Mr. LoDestro, there was a miscommunication with the bricklayer. Both the pillars and the sign are too high. Mr. LoDestro explained that the sign face is 6' high and 8' long and is 1-2' off the ground. Mr. Woods inquired as to making the sign skinnier for each potential name and shorten the overall height of the sign. The 'A" aluminum sign panel is already constructed and being stored in his garage per Mr. LoDestro. He also noted that I-DOT will be raising the road and the sign would be on the ground if it is lowered. He stated that the bolts and pillars are already in place. Mr. Woods asked what the height of each name would be, which is 12". The sign is 35' off the road. Mike Skinner suggested making the letters in the name smaller. The sign is currently lit by a spotlight on a timer and is vinyl coated with reflective lettering. Page 2 of 4 The discussion was then ended. Bill Davis moved to close the public hearing ZBA2003- 26 which Dean Bromann seconded. Mr. Davis then opened private discussion of ZBA2003-26. Ms. Kurtzman explained the order of the hearing. Bill Davis moved to open private discussion and Ryan Woods seconded. Mr. Skinner noted that Mr. LoDestro wouldn't want the letters any smaller. The petitioner is asking for a 1-1/2' variance. At this point, Ms. Kurtzman stated that the board is a recommending body only and will send the recommendation to the City Council for a fmal decision. After a brief discussion among board members, Mr. Woods asked if the board would be setting a precedent if they recommended approval of the variance. Mr. Skinner replied that any decision on this case would not affect any other future variance requests. The board then reviewed the 6 standards which need to be applied to each variance request. Co-Chair Davis paraphrased each: 1. Any unique physical property of land involved... (Yes) 2. Available location of signing on property... (No) 3. Effect of proposed sign on pedestrian and motor traffic... (Yes) 4. Granting of variation will not be detrimental... (No, not applicable) 5. Increase congestion to public streets or a danger... (Not applicable) 6. General intent of this chapter... (No) Ralph Pfister moved and Mike Skinner seconded to approve variance so that sign construction could be completed. A roll call vote was taken and approved 5-0. This recommendation will be presented at the City Council meeting January 27th at 7pm. A motion was then made and seconded by Ryan Woods and Bill Davis to close public hearing ZBA2003-26. Motion passed unanimously. Public Hearing ZBA2003-27: Public Hearing ZBA2003-27 was opened. Jay Stockbridge/Stockbridge Architects explained the variance request was for 419 Park Street which is an existing single family home. The variance request is for the rear and side yard setbacks. The current owner, Mr. Schipper, had an accident which rendered him paralyzed from the waist down and is confined to a wheelchair. He wishes to construct a new master suite/bathroom off the rear of the home. The proper papers and affidavits were filed and 196 letters were sent to surrounding homeowners notifying them of the variance request. Ms. Kurtzman has the affidavit. Page 3 of 4 Mr. Stockbridge stated that it was discovered that not only was a variance needed for the side and rear, but that the entire structure was over every setback. After discussion with staff, it was decided to include 4 variance requests to bring the house into conforming use. This request includes 2 for the proposed addition and 2 for the front and corner sides to fully comply. The specific ordinances on which variances were requested are: 1. 10-6B-4A: front yard from 30 to 40.8 feet to the front of the garage (it was noted that after it was constructed, the zoning was changed and all other houses in the area are over the setbacks as well) 2. 10-6B-4B: reduce interior side yard from 15 to 10.35', directly a result of proposal to construct addition straight back from current structure 3. 10-6B-4B: corner side yard from 40 to 30.2' to the garage 4. 10-6B-4C: rear yard from 50 to 38.5' where the existing sunroom will be replaced with the proposed addition and won't protrude even as far as the sunroom. The following summary was then made by Mr. Stockbridge. The variance: 1. Will not affect air movement between homes 2. Does not create public nuisance 3. Won't diminish property values 4. Won't result in public expenditures The age of the home is approximately 10 years old, having been built in 1994. Ms. Kurtzman noted that she did research on the home and found there was an amendment to the ordinance regarding setbacks, after the building permit was already issued. Mr. Skinner asked if the Schippers were the original owners. They are not, but they plan to stay in the community. All the remodeling work is being done due to the disability of Mr. Schipper. The concrete patio in back will be raised to facilitate a smooth transition and the entire addition will be flush with the patio. Mr. Stockbridge displayed a drawing to the board at this time. To complete the work, there will be a new bedroom with an accessible bath. Mr. Stockbridge asked the board to grant 3 of the 4 variances. However, Mr. Skinner pointed out that this is only an advisory board and approval cannot be granted at this level. More discussion then followed. These facts were stated regarding the home—the existing porch is a screened-in porch 38.5' from the property line, there is a poured concrete foundation which will be raised and it is a ranch home. Mr. Skinner moved and Mr. Bromann seconded to close the public hearing. All were in favor, motion passed. A motion was then made by Mr. Woods to open private discussion, with a second by Mr. Skinner. Passed. Page 4 of 4 It was noted by Mr. Skinner, that as a builder of handicapped housing, location is very important to the handicapped individual-- there is a sense of"their home". He further stated that the board should look at the individual situation, not the variance so much, and that this request is appropriate for the location of the home. Mr. Pfister added that the neighbors do not object either. Mr. Bromann said his only concern was with the pitch line of the home and would it set a precedent. Ms. Kurtzman reiterated that this is where the "standard tests" come into play. There was some further discussion of the current zoning. Mr. Davis then read the standards for recommending variances: (paraphrased below) 1. Are physical surroundings a hardship to the owner? (Yes) 2. Conditions of the petition are unique to that property. (Yes) 3. Alleged difficulty caused by Title, not created by person. (Yes) 4. Granting of variance will to detrimental to public welfare. (Yes) 5. Impair light/air, cause congestion etc. (No) Chairperson Davis asked if there was a motion to recommend granting the variance. Mr. Skinner clarified that the board could only vote on 3 of the requests and make a recommendation on one. He further stated they could vote on the front yard, side yard and rear yard setbacks and only recommend on the interior yard setback Skinner then moved to recommend approval of ZBA2003-27 Schipper, requests number 1, 3 and 4. Mr. Pfister seconded the motion. A roll call vote passed the motion. Mike Skinner then moved to recommend to the City Council, the granting of the 2nd request on the variance. Mr. Woods seconded that motion and a roll call vote approved to carry motion. These recommendations will be sent to the January 27th City Council meeting. At 8:10pm Mr. Stockbridge left the meeting. Additional Business Skinner and Bromann requested new zoning ordinance books which Ms. Kurtzman will provide. Mr. Bromann stated that it would be in the City's best interest to study the Rl vs. R2 zoning and then made a motion that the City Council should review the Prairie Park subdivision and seek legal counsel to zone R1 or R2. Mr. Woods seconded that motion and all were in favor in a roll call vote. Motion passed. Mr. Davis asked Ms. Kurtzman if quadrants could be placed on petitions for a better understanding of the location of such petitions. The Clerk's office will be asked to include drawings in future petitions. As there was no additional business, Pfister moved to adjourn with a second by Woods. Passed, meeting adjourned at 8:15pm. Minutes respectfully submitted by Marlys Young, Minute Taker • ZBA 2004-01 Frank Willman, Sr. QeOGPtigS,s Ouq,.GTG9� CITY of YORKVILLE 104 W. Somonauk Street `YR ti Y County Seat of Kendall County Variance for Lot Area&Allowable Ig� ��k Density&Number of Buildings p 111 W. Fox,Suite 3 L Yorkville, IL 60560 public hearing: 3/24/04 R LE 630-553-4350 SOUNDED 1N `s,gyp APPLICATION VARIANCE REQUEST 1. NAME OF PETITIONERS): Frank R . Willman Sr . 2. NAME OF HOLDER OF LEGAL TITLE, IF DIFFERENT FROM# 1: Same 3. IF LEGAL TITLE IS HELD IN A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: N/A 4. a.) STREET ADDRESS & PHYSICAL LOCATION OF SUBJECT PROPERTY: 104 W. Somonauk Street , Yorkville , Illinois , 60560 b.) PROPOSED NAME OF SUBDIVISION: c.) LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE ANNEXED AND REZONED: (If more space is needed,attach as Exhibit"A").L O t 4 In Block 3 of Original Village of Bristol , City of Yorkville , Kendall County , Illinois . d.) KENDALL COUNTY PARCEL NUMBER(S) OF PROPERTY FOR WHICH VARIANCE IS SOUGHT: 02-28-356-003 5. NAMES & ADDRESSES OF ANY ADJOINING OR CONTIGUOUS LANDOWNERS ENTITLED TO NOTICE OF PETITION UNDER ANY APPLICABLE CITY ORDINANCE: (If additional space is needed,attach a separate list as Exhibit"B") ` r Page 2-Application for Variance 6. STATE THE VARIANCE REQUESTED, AND THE CITY ORDINANCE INCLUDING THE SECTION NUMBERS TO BE VARIED: Reduction of minimum lot size & width at building line (Section 10-6c-3B) and Allow Lot to be split so that not more than 1 Principal building is on lot (Section 10-3-4) 7. NAME, ADDRESS, AND PHONE NUMBER OF PERSON TO WHOM INQUIRIES REGARDING THIS PETITION MAY BE DIRECTED: Frank R . Willman Sr , 28 Laurel Ct . , Yorkville , Illinois , 60560 , 630-553-6535 or Cell # 630-744-9477 . 8. SUBMIT APPLICATION WITH A FILING FEE IN THE AMOUNT OF $ 85 . 0 0 (See attached Ordinance 4'1992-16,and verify amount with Deputy Clerk.) 9. SUBMIT2 COPIES EACH OF THE APPLICATION, PROPOSED DRAWINGS, LOCATION MAP, SITE PLAN, AND ANY OTHER PERTINENT MATERIALS TO THE CITY CLERK. (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: PE ITIONER(S). Legal property owners signature must appear on this application. SUBSCRIBED AND SWORN BEFO' ME THIS �� DAY OF IzrCL i 1. I;I:LjAI., SEAL" , L ;!-,.! L. Willman S to of Illinois r.. NOTARY STAMP THIS APPLICATION MUST BE NOTARIZED \"ARI ANCE Cir` United City of Yorkville County Seat of Kendall County EST. � 1836 800 Game Farm Road V) Yorkville, Illinois 60560 0 (�IL., �.� 0 Phone:630-553-4350 Fax:630-553-7575 4LE \‘' February 17, 2004 TO: Zoning Board of Appeals FROM: Anna B. Kurtzman, AICPK SUBJECT: Zoning Variance Requests 104 W. Somonauk Street ZBA 2004-01 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, March 24, 2004, at 7:00 pm at the City's Board Room (located at 800 Game Farm Road). REQUEST: The applicant, Frank R. Willman, Sr., owns property located at 104 W. Somonauk Street and which is zoned R-2. The applicant is seeking to divide an existing lot into 2 lots. To create buildable lots, the applicant is seeking a total of 3 variances: 1. Reducing the minimum lot size from 12,000 sq ft to 7,409.4 sq ft & 7,995.9 sq ft. (Section 10-6-3B). 2. Reducing the minimum lot width at the building setback line from 80 feet to 79.6 feet (Section 10-6-3B). 3. Allow more than 1 principal structure on a zoning lot (Section 10-3-4). 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. Zoning Board of Appeals 104 W. Somonauk Street—ZBA 2004-01 February 17, 2004 Page 2 of 2 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. 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. After making your findings, staff recommends that the Board make a recommendation regarding the case, which will then be forwarded to the City Council. (Section 10-14-5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. Your decision regarding reducing the minimum width will be final unless appealed. As the requested reduction of the minimum lot size is greater than 10% City Council approval is required. City Council approval is also required regarding the applicant's request to have more than 1 principal structure placed on a zoning lot. If you so desire, your decisions and/or recommendations may include conditions or restrictions. /abk Attachments C: F.Willman,Sr. Filename: C:\Documents and Settings\Anna\My Documents\ZBA\104 W Somonauk\2-17-04staffmemo.doc