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Zoning Board of Appeals Packet 2004 06-23-04 /-1 ,‘'s ,� United City of Yorkville I County Seat of Kendall County EST. 1836 800 Game Farm Road U) Yorkville, Illinois 60560 O ill line..---, Phone:630-553-4350 �,� Fax:630-553-7575 k L E ‘‘' AGENDA ZONING BOARD OF APPEALS WEDNESDAY, June 23,2004 6:00 P.M. CITY COUNCIL CHAMBERS Meeting called to order: 6:00 p.m. Roll Call: Previous Meeting Minutes (Corrections/Approval): March 24, 2004 Public Hearings: 1. ZBA 2004-08: Marathon Ashland Petroleum, LLC, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois seeking a variance to the Zoning Ordinance Section 10-7C-4B1 Side Yards: reducing the required thirty feet (30') setback on Bell Street to five feet (5') and Bridge Street to sixteen feet (16'); Zoning Ordinance Section 10-7C-4 Yard Areas: reducing the required thirty feet(30') setback for a structure along Bridge Street to twenty-one (21'); and Zoning Ordinance Section 10-3-5 Accessory Buildings: reducing the requirement of an accessory building to be ten feet(10') from a principal structure to six feet (6'). The property is located at 504 South Bridge Street, Yorkville, Kendall County, Illinois. New Business: 1. ZBA 2004-08: Marathon Ashland Petroleum, LLC, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois seeking a variance to the Zoning Ordinance Section 10-7C-4B1 Side Yards: reducing the required thirty feet (30') setback on Bell Street to five feet (5') and Bridge Street to sixteen feet (16'); Zoning Ordinance Section 10-7C-4 Yard Areas: reducing the required thirty feet (30') setback for a structure along Bridge Street to twenty-one (21'); and Zoning Ordinance Section 10-3-5 Accessory Buildings: reducing the requirement of an accessory building to be ten feet(10') from a principal structure to six feet (6'). The property is located at 504 South Bridge Street, Yorkville, Kendall County, Illinois. Additional Business: Adjournment: Page 1 of 3 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING Wednesday, March 24, 2004, 7PM Council Chambers Board Members in Attendance Harold Feltz Bill Davis Ben Moe Also in Attendance Anna Kurtzman, ICCI Frank Willman, Petitioner Tony Graff, City Administrator Robert Willman, Guest Michelle Cullen, Guest Prior to the meeting, it was noted there was no official quorum. It was decided to have an "unofficial" meeting. The unofficial meeting was called to order at 7:10pm by Harold Feltz. Roll Call was taken. Previous Meeting Minutes From January 8, 2004 It was noted that without a quorum, the minutes could not formally be approved, but changes could be recommended. The minutes were informally approved. Public Hearing ZBA2004-01 The public hearing was opened. Mr. Feltz introduced Frank Willman and summarized the application for a variance request as follows. Mr. Willman owns a lot at 104 W. Somonauk St., (currently zoned R-2) which he desires to divide and create a second buildable lot. He is seeking a total of three variances stated below: 1. Reduce lot size of 12,000 square feet to 7,409.4 and 7,995.9 each, (at this point Ms. Kurtzman interjected that the corrected square footage should actually be 7,654.7 and 7,654.7, both lots being equal size) 2. Reduction of rear setback: setbacks meet the standards, except the back width of the lot is 79.37 feet rather than 80 feet 3. Request for a second home on the zoning lot Page 2 of 3 Mr. Feltz asked Mr. Willman to present his request. Mr. Willman showed a plat of survey and explained that the existing lot fronts on Somonauk Street and continues back to Spring Street. He proposes to divide the lot in half and build another house on the property. He stated that the setbacks ask for 80 feet, however he only has 79.37 feet at the rear of the lot. He does have the proper setbacks on the sides and front. It was noted that the existing garage is over the lot line. The garage had been added onto before Mr. Willman purchased the property. At this point, Mr. Feltz asked guest Michelle Cullen of 405 N. Bridge St., to come forward so Mr. Willman could make his presentation to her. She is a neighbor to Mr. Willman's property. She stated she had no objections to this plan and indicated she wanted the area to remain residential rather than become a business area. Mr. Feltz thanked her for being there and that the board valued her opinion. Mr. Davis asked Mr. Graff what plans the City had for neighboring houses on Bridge St. (Rte. 47). Mr. Graff explained that some houses will be taken off both sides of the street in the future. He stated that the Kritzberg property will remain. As a member of the Plan Commission, Mr. Davis noted they were looking at the corridor as a possible business area when such requests are made. He asked Mr. Graff if Ms. Cullen's house was on the "take" list. It is not on the "take" list and Ms. Cullen also said she had no plans to move. Mr. Davis asked where the driveway would be placed for the second structure on the Willman property. It will be positioned on the west side of the property, on Spring Street. Until 1958, homes in this area were served by septic systems, according to Mr. Feltz. He asked if there would be any problem with this. There is currently sewer and water running to this property. Ms. Cullen said there was some concern about the septic especially when the State began work on Rt. 47. She stated she knew the location of her septic hookup was on Spring St. Mr. Willman stated that the area would be built up for the sewer connection. He has no current plans to put in curbs, however, he will build sidewalks. The lot to the left of the Willman property has the same buildable potential. Mr. Willman noted that the lot is owned by a long time friend, Mr. Jay McCoy, whom he spoke with when formulating his plans for the lot. Mr. Coy has no plans to build an additional house, but wishes to build an additional garage and plans to remain living on his property. A similar buildable lot on King Street, which is near the Willman property, was also discussed. Mr. Feltz noted the possible ''domino" effect of such properties. Most of the nearby lots are 7.000 to 8,000 square feet, which is less than the Willman property. Ms. Cullen also stated that she has 2 lots as well. Page 3 of 3 It was noted by Mr. Graff that Mr. Willman has been working with the Engineering Department in regards to his utilities. if an apron increase is needed for future turn lanes, the utilities are positioned to allow for that. In summary, Mr. Feltz stated that he did not like to see smaller lots, but from the conservation standpoint, it saves building lots in the country. As there was no further discussion, Mr. Davis made an informal motion for a recommendation to approve the variance as follows: 1. Reduce minimum lot size from 12,000 square feet to 2 lots of 7,654.7 square feet for each lot 2. Reduce the minimum lot width at the rear building setback line of 80 feet to 79.37 feet 3. Allow more than one principal structure on the zoning lot The motion was seconded by Ben Moe. Ms. Kurtzman reminded the board of "the finding of fact". The board members had all previously studied sections 10-6c-3B and Section 10-3-4 in making their decision. Mr. Feltz then reiterated each variance request and the corresponding ordinance section for the record. The Board was in favor of granting the three variances. Mr. Willman was advised that his petition will be forwarded to C.O.W. for their meeting on April 6, 2004. Mr. Feltz adjourned the informal meeting at 7:35pm. Minutes respectfully submitted by Marlys Young, Minute Taker - - " " "' ',,,,,,ILL=; 630-553-4350 Bldg/Zo;May-3-04 13:21 ; - Page 2/4 , United City of Yorkville ESL 1A. County Seat of Kendall County • ;��� 8110 Game Farm Road ,... N Yorkville,Illinois 60550 O • All® � 0 Phone:83(>553-435D ..M Fax:630.553-7575 ti.kLE "s' -APPLICATION VARIANCE REQUEST Date of Submission: _ SA7/oy 1. Name of Petitioner(s): Marathon Ashland Petroleum LLC Address: 5000 W. 86th Street, Indianapolis, IN 46268 PhoneNumber: 317/872-3290 ext 2037 FaxNumber: 317/872-3474 2. Name of holder of legal title, if different from#1: Speedway SpperAmerica LLC. 500 Speedway Drive, Enon, OH 45323 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 atd physical location of subject property: 504 South Bridge Route 47, Yorkville, IL 60560-1506 b. Proposed name of subdivision (if any): N/A c. Legal description of property for which zoning variance is sought: Division 09-Chicago Region 5 District 041 (If more space is needed, attach as"Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: N/F Emro Marketing Co. (now Speedway SuperAmerica LLC) parcel#05-38-430-00 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: Per letter sent by Anna Kurtzman (i'd's correlate to numbers of Anna's letter 1.Huilding setbacks on both Bell & Fox St. 2. S.W. bldg corner set back 3. Location of trash enclosure such that it can be within 10 ft. of bldg 4. Setback for canopy along Bell & Fox Street Page 1 of 3 United City orYorkv-Ile Variance Request Application Revised 2127/04 Sent- By: CITY OF YORKVILLE; 630-553-4350 Bldg/Zo;May-3-04 13:21 ; Page 3/4 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Andy Kummerer Marathon Ashland Petroleum LLC 111 .. - - =8 phone 317/872-3200 ext. 1037 _fax 317/672-3474 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 Owncr/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 / 7 day of L777a , 2001 Notary P 1 Notary Stamp TillS APPLICATION MUST BE NOTARIZED. Page 2 of 3 United City of Yorkville Variaocc Request Application Revised: 227/04 Sent By: CITY OF YORKVILLE; 630-553-4350 Bldg/Zo;May-3-04 13:21 ; Page 4/4 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 maul by the Petitioner to adjacent property owners within 250 fret 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 thic project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Deputy Cleric United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: c/(7/6)7/ . Page 3 of 3 United City oforkvlle Variance Request Application Revised: 2/27/04 01 SCOPE OF WORK: C3000-2-L BUILDING 46'x60' CANOPY WITH TEE C (4) DISPENSER ISLANDS 2-1E5 (11 UNDERGROUND STORAGE TANKS - 20.000 GAL (UNLEADED) ff'f1 10,000 GAL (PREMIUM) © 8,000 GAL (4M DSL/4M K-1 ) PRIVATE DRIVE — — 66 SF ID SIGN (UNKNOWN RIGHT-OF-WAYI I AIR .7-_..,E ., +- 3 VACUUM m_\Eoa ,7, N 07°17'00" E 4.14'(R) S 07°16'00" W 199.07'(Mr — \ I S 07°01'04" W 4.1 '(R) N 07°17'00° E 200.96'(R) _ — — _ _ _ _ _ \ �- �'- PHONE _______==_----- - — — — I K-1 DISPENSER ISLAND r- c� d i — — — I \ 3 w 1 I DUMPSTER ENCLOSURE W U Z31 _ j m �' d gs �� `v �I,';� — —— — — ` I o 1— 9) PARKING SPACES INCLUDING ADA W �g ----- *�,� M z ''' m TANKER ROUTE G :I _ w �1 _ �I III L„ z - W �<Ln /\ / �i \ ���\ A cox 1 I Q x O �s o Lo N I J / IJ ( \ C� y\ O ` \\ o I N I U- cx 2 a 1' I l ! C l 1 o- o 1` • \ 'vim\ v'\," '1 N 1 1 (� \ �\\ '\\�\ � \�` \ O : \ SII 1_ ( Y .--- 1 I � �Q lig II — \ / \� ��__ \ I m I cw lc,4 7\7, p-, ,., y \L -i,/ \ , , \ " \ , -\ IA I \ I \ v n I '� h •^s L jl a/l j• /) \ I ` �N/ / �\ / /� 0ll II I I ! 4€ \ a I� �'� —�" \ 1� / << '; o� it �- 1, I I ti 1.4. 1 r • KL2 , \, 1����� 'I I I a � ' �� -omaA • /1/H a,ii I 1 _ a I �G� 11 — - - ri — — 1 6, N I 1 \1 ci ,0-, t,l,,,1 ?% a \ _,, / I H \. II I b 24 Speedway 1 , \ . - ,- ,-, SI �1 \\\\\ � o f ),- ;,i /1 , \ ° \-3-' /PI \ II � ; \ III �I I l V I Im \ \ a F— �I I 35' 35' / \\ •'j•!,5 'ail �� V - V A p v j y s" / N 41°3$ 52" W 27. 0'(R) Y yv N 36°16'34" W 28. 5'(C) z �I I�i R=6915.55 (R1 V m L=207.9, '� �� CC ma II L=186.0I F- x = W r -U \A \ A S N '' U —____c__ OPTIONS CHECKLIST 0E51YTY1 II DAR V ` — - DATE: I BY: Doc A. FRANK .5,)0/03 \ STATE ROUTE 47 (BRIDGE STREET ) _ DESCRIPTION cosi REo D✓ . (8� PUBLIC RIGHT-OF-WAY ) BULLET RESISTANT ENCL. $30,000 sua o 0 ZBA 2004-08 Zoning Variance INTERSTATE RESTROOMS $15,000 11 � Marathon Ashland Petroleum REAR WALL OPTION $1,000I 1,000 ✓ 5,01["'0007113 3RD POS (STND FOR C3800) $7,500 �/ �.�. MEM _ - 504 S. Bridge Street RACING FUEL $30,000 public hearing: 6/23/04 ON PREMISE SIGN j $40,000 1 •� g' HI RISE SIGN $75,000 I C6 ZBA 2004-08 Zoning Variance Marathon Ashland Petroleum Illinois, United States, North America 504 S. Bridge Street public hearing: 6/23/04 ` _:_: sai::______.....-H °,�a Ra E 1.- 1; Ei'Jackson St E to, m ccs — Park Yorkville c s Schaefer Rd Cf) Sty iue Aa w a a t E Spring St 4= c11 L aDd E Main St a • //Co v 4 River R . mor .n w 24 van r1 N • c• (A S Bridge St,Yorkville,IL 60560 1• mi a) S Bridge St , F�� Yorkville,IL 60560 1/ ti © ,, d /./ftQp f�. o i . II c5 • 1 � -+ 47 • A- ,....--,,,�. I( 126. 74 1) I' 71 O 6 -z- Harris Forest - Preserve , o 9hvewa rt4 0- a Pavillion , clo Legion Rd ((/ t'`t I O mi 0.5 1 1.5 2 Copyright©1988-2002 Microsoft Corp.and/or its suppliers.All rights reserved. http://www.microsoft.com/streets ©Copyright 2001 by Geographic Data Technology,Inc.All rights reserved.©2001 Navigation Technologies.All rights reserved.This data includes information taken with permission from Canadian authorities©Her Majesty the Queen in Right of Canada. 10-3-3 10-3-5 10-3-3: LOT AREA AND DIMENSION: A. Contiguous Parcels: When two (2) or more parcels of land, each of • which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use. B. Lots or Parcels of Land of Record: Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use; provided, that yards, courts or usable open spaces are not less than seventy five percent (75%) of the minimum required dimensions or areas, except as provided in Section 10-10-7 of this Title. (Ord. 1973-56A, 3-28-74) 10-3-4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 1973-56A, 3-28-74) 10-3-5: ACCESSORY BUILDINGS: A. Location: No part of any accessory building shall be located closer than five feet (5') from any side or rear property line, nor closer than ten feet (10') to any main building, unless attached and a part of such main building. B. Time of Construction: No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. C. Height of Accessory Buildings in Required Rear Yards: No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15') in height. D. On Reversed Corner Lots: On a reversed corner lot in a residence district and within fifteen feet (15') of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%) of the least depth which would be required under this title for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet (5') of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. (Ord. 1973-56A, 3-28-1974) 10-7C-2 - 10-7C-4 Marina. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-1A, 2-10-1994) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1 , 1-9-1986) 10-7C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: No minimum front yard shall be required. (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) January 2000 City of Yorkville . r `,cs.D COT` 1 United City of Yorkville ,r County Seat of Kendall County est.i Lai 1838 800 Game Farm Road � W Yorkville,Illinois 60560 ,O L H ,;N O Phone:630-5534350 'Q �= Fax:630-553-7575 t. V June 7, 2004 TO: Zoning Board of Appeals FROM: Anna B. Kurtzman, AICP E SUBJECT: Zoning Variance Requests 504 S. Bridge St ZBA 2004-08 HEARING DATE: The City has received an application for variances from the City's Zoning Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, June 23rd, at 6:00 pm at the City's Conference Room (located at 800 Game Farm Road). (Please be aware of the change in time. This is due to a Plan Commission meeting being scheduled for 7:00 pm on the 23rd.) REQUEST: The applicant, Marathon Ashland Petroleum, LLC, owns property at located at 804 S. Bridge Street. The applicant is requesting the following variances: 1. 10-7C-4.B1 —Reducing the required corner side yard from 30 feet to 5 feet from Bell Street for the building. 2. 10-7C-4.B1 —Reducing the required corner side yard from 30 feet to 16 feet from Bridge Street for the building. 3. 10-7C-4.B1 —Reducing the required corner side yard from 30 feet to 24 feet from Bell Street and from Bridge Street for the canopy(a structure). 4. 10-3-5A—Reducing the separation between the principal building and an accessory structure from 10 feet to 6 feet. LOCATION: The subject property consists of approximately 20,600 sq ft(0.47 acres) and is located at the northeast corner of Bridge Street and Fox Street. This property is zoned B-2 with a special use permit for a gas station. The property is surrounded by the following zoning and uses: Zoning Use North B-2 Bank South B-2 &R-2 Single-family Detached Residences East R-2 Single-family Detached Residences West B-3 Automotive Repair Zoning Board of Appeals 804 S. Bridge St—ZBA 2004-08 June 7, 2004 Page 2 of 2 STANDARDS FOR GRANTING A VARIANCE: Section 8-11-11Fof 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, 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 recommends that the Board make a recommendation regarding the case, which will then be forwarded to the City Council (as required by Section 8-11-11E you may affirm, modify, or reverse the decision of the code official). As indicated above, your recommendation may include conditions or restrictions. /abk C: A. Kummerer Filename: C:\Documents and Settings\Anna\My Documents\ZBA\504 S.Bridge-Speedway\6-7-04staffmemo.doe •T Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 June 7, 2004 Ms. Georgia Rose Krause 504 Bell Street Yorkville, IL 60560 FAP Route 326 (IL 47) Section (5CS, 13C, 108, 109)R Reconstruction and add lanes at Yorkville Kendall County File #717-211 Dear Ms. Krause: Reference is made to your letter of May 17, 2004 regarding the proposed Speedway gas station improvement, which is located along the frontage of the captioned roadway improvement. Our responses to your letter are as follows: • There is no "setback" requirement outside state right of way. However, local ordinances often have setback provisions, and these provisions are monitored and enforced by the municipality or county. The future right of way along the east side of IL 47 and north of Fox Street will be 14.0 meters (45.93 feet), measured from the center of IL 47. This future right of way is approximately six feet east of the present IL 47 right of way line at this location. There will also be a small right of way corner cut at the northeast quadrant of the Fox Street-IL 47 intersection. No structures or signs will be permitted in the future right of way once it is acquired by the state. • The Department is currently reviewing an access permit for the proposed Speedway remodeling. A permit is required when a change in access to a state highway is proposed, such as a new or widened entrance. A permit is also required whenever a drainage improvement is proposed impacting state right of way. The Department allows changes in access and drainage when they are in accordance with current policies and procedures. • The state would typically not grant a variance to Speedway for any encroachment on state right of way, as described in point #1. Furthermore, a permit application would be reviewed for encroachments in the future right of way, and encroachments that would impact the future project would not be allowed. It is possible the state could move the proposed right of way line to accommodate a business if it would not impact the project. However, Speedway has made no such request at this point. • Ms. Georgia Rose Krause June 7, 2004 Page 2 • The design of the future IL 47 widening is in an advanced stage, so that any changes Speedway was proposing in their permit are reviewed against the design. Therefore, there is no "grandfathering" of any potential impacts to state right of way resulting from any future construction at the Speedway site. If you have further questions regarding the issues in your letter, please contact Mr. Rick Powell, Studies and Plans Project Engineer, at (815) 434-8435. Sincerely, John P. Kos, P.E. District Engineer By: CI rita R. Lao, .E. District Program Development Engineer cc: Anton Graff/United City of Yorkville RP:ct