Zoning Board of Appeals Packet 2004 08-04-04 tl�,
0 United City of Yorkville
°
® County Seat of Kendall County
EST. 1836 800 Game Farm Road
CO Yorkville, Illinois 60560
o I �.7m�, O Phone:630-553-4350
�,� Ken:C �_ Fax 630-553-7575
`4 L E `w AGENDA
ZONING BOARD OF APPEALS
WEDNESDAY, August 4,2004
7:00 P.M.
CITY COUNCIL CHAMBERS
Meeting called to order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes (Corrections/Approval): June 23, 2004
Public Hearings:
1. ZBA 2004-11: Duy's Shoes& Sportswear, petitioners, have filed an application with
the United City of Yorkville, Kendall County, Illinois, seeking a variance to the
Building Regulations Ordinance Section 8-11-4C-3b: Permitted Signs in Business
Districts requesting to increase the maximum numbers of wall signs on a multi-tenant
building from one (1)to two (2) and Section 8-11-7D Computations of Signage -
Maximum Size requesting to increase the maximum size of a wall sign from 10%to
16%. The property is located at 135 E. Veterans Parkway, Yorkville, Kendall
County, Illinois.
2. ZBA 2004-12: Beaver Street, LLC, petitioners, have filed an application with the
United City of Yorkville, Kendall County, Illinois seeking a variance to the Zoning
Ordinance Section 10-8A-4A Yard Areas to reduce front yard setback from 25' to 2'
and Section 10-11-3E Off-Street Parking Regulations and Requirements In Yards
requesting parking within required front yard. The property is located at 106 Beaver
Street, Yorkville, Kendall County, Illinois.
New Business:
1. ZBA 2004-11: Duy's Shoes& Sportswear, petitioners, have filed an application with
the United City of Yorkville, Kendall County, Illinois, seeking a variance to the
Building Regulations Ordinance Section 8-11-4C-3b: Permitted Signs in Business
Districts requesting to increase the maximum numbers of wall signs on a multi-tenant
building from one (1)to two (2) and Section 8-11-7D Computations of Signage -
Maximum Size requesting to increase the maximum size of a wall sign from 10% to
16%. The property is located at 135 E. Veterans Parkway, Yorkville, Kendall
County, Illinois.
Page 2
Zoning Board of Appeals Agenda
August 4, 2004
New Business(con't):
2. ZBA 2004-12: Beaver Street, LLC,petitioners, have filed an application with the
United City of Yorkville, Kendall County, Illinois seeking a variance to the Zoning
Ordinance Section 10-8A-4A Yard Areas to reduce front yard setback from 25' to 2'
and Section 10-11-3E Off-Street Parking Regulations and Requirements In Yards
requesting parking within required front yard. The property is located at 106 Beaver
Street, Yorkville, Kendall County, Illinois.
Additional Business:
Adjournment:
Page 1 of 6
SFT
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS MEETING
Wednesday,June 23,2004,6PM
Conference Room
Board Members in Attendance
Harold Feltz Ryan Woods
Bill Davis Dean Bromann
Ben Moe
Other City Staff& Guests in Attendance
Mayor Art Prochaska Jackie Milschewski, Guest
Anna Kurtzman, ICCI Greg Ingemunson, Attorney
Kelly Kramer, Attorney Verne Henne, Guest
Sandra Bell, Guest Georgia Krause, Guest
Bart Reum, Guest Derek Knight/Marathon Petroleum
Cheryl Jones/Marathon Petroleum Ryan Martinez, Guest
Tony Scott, Kendall County Record
Agenda:
The meeting was called to order by Chairman Harold Feltz at 6:03pm. Roll call was
taken and a quorum was established.
Previous Meeting Minutes March 24, 2004
The minutes were approved on a motion by Bill Davis and a second by Ben Moe.
Motion carried.
Public Hearing ZBA 2004-08
Marathon Ashland Petroleum, LLC (petitioners) filed an application seeking a variation
to Zoning Ordinance 10-7C-4B1 side yards as follows: 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') [Ms .Kurtzman noted a
correction to the 21'-- it should actually be 24']; 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'). This property is located at 504 S. Bridge
Page 2 of 6
Street, Yorkville. The petitioner was asked to verify the above-mentioned 21' to 24'
correction.
Mr. Ingemunson presented an overview of the variance request: Speedway wishes to
build a new structure on the present site and he showed a drawing of the existing and
proposed structure. The proposed structure will be made of masonry block. Derek
Knight of Marathon displayed samples of the masonry block to be used in construction.
Speedway wishes to begin a 24-hour operation of the new facility. To ease some of the
concerns of nearby residents, an 8 foot masonry block wall would be constructed on Fox
Street and then wrap around to the Yorkville National Bank property to reduce some of
the noise and light from the station and Rt. 47. The requested setbacks are based on the
size of other Speedway properties
Chairman Feltz announced that this portion of the meeting was a public hearing and that
guests were invited to share their thoughts. Mr. Henne asked what the setback off Fox St.
was. It is 6 feet even though there are actually no required setbacks there. The setback
on the north side is 0 feet. Mr. Henne stated he thought front yard setbacks must be 30
feet. It was noted by Ms. Kurtzman that there are various zoning districts with different
requirements. The designated"front yard" of the property is on Fox Street even though
the address is on Bridge Street. The address of a structure is not necessarily related to
zoning.
Signage for the building was discussed next. A 100 square foot sign would be allowed
by ordinance, however, a 99 square foot sign(20-25 feet tall) will actually be erected.
At this point, Georgia Krause of 504 Bell St., asked to voice her concerns. She
presented copies of documents which she requested be kept as part of the public record
with the minutes of this meeting. Those documents are:
1. Notarized Written Legal Notice of Protest
2. Citizens Protest Against Proposed Operations Expansion of Speedway
Ms. Krause stated that she found out about the expansion plans unexpectedly when she
inquired about planting trees to serve as a buffer. She stated that Mr. Knight and Ms.
Jones, both Marathon employees, then came to her home in May to discuss Speedway's
plans, at which time she voiced concerns for the neighborhood and her own home. A
petition was drawn up to protest the plan and signed by immediate neighbors and some
residents of Heustis St. Though she raised concerns for the proposed new structure, her
most urgent concern is the proposed 24-hour use. Two major points she raised were:
1. Noise and Light Pollution
2. Crime and Neighborhood Safety
(See documents attached to these minutes, which provide details for each issue).
Page 3 of 6
In addition, Ms. Krause noted the market value and resale potential would be adversely
affected. She stated that homes are one of the largest investments for most people and
these investments are later used to fund retirement. She quoted three Speedway
employees who stated they would not buy a house next to a 24-hour gas station. Also,
two area realtors were quoted as saying there would be a 10-20%reduction of market
value of homes facing Speedway. (See her documents for further details). If a home in
the area became available for sale, by Illinois law, it must be disclosed that the gas station
was a 24-hour operation. Ms. Krause also said there are currently 3 existing 24-hour gas
stations to patronize.
To conclude her presentation, Ms. Krause stated that the citizens involved in the petition
are officially objecting to the granting of the requested variances. She noted that many of
the area residents said that a cleanup of the property would be a great improvement and
that she had photos showing poor maintenance. She further stated the area residents did
not ask for or want the proposed expansion and that in the end, the property owners will
face a decline in their investments.
Attorney Kelly Kramer reminded meeting participants that the purpose of this meeting
was to discuss the setback variances of the property, rather than the 24-hour operation
issue. An amendment would be required to change any current "special use" document
governing business hours currently in effect for Speedway. That issue is being
researched with the Clerk's office. Any change of hours would have to be approved by
the City Council. Ms. Krause stated that her understanding was that if the variances are
approved,the Council may either approve or disapprove the 24-hour operation.
In further discussion, Ms. Krause said she had spoken with the owner of property at 416
Boulder Hill Pass, Oswego, who has a wall to control sound near his property. That wall
is heavily textured, rests in the ground rather than concrete and is a minimum of 8 feet
tall. She also requested evergreens be planted on both sides of the proposed wall to
prevent kids from climbing the wall and defacing it. Ms. Kramer instructed the
concerned residents to keep in touch with alderman and City Council and follow the issue
as it proceeds.
Mr. Henne asked about lot coverage with the canopy. There will be 80% coverage which
is allowed under B2 lot zoning. He also questioned what would happen when Rt. 47 is
widened. Ms. Kurtzman stated that 7 feet would be taken from Speedway's property per
IDOT plans. It was noted that this future widening plan was already taken into
consideration by Speedway.
Derek Knight of Marathon Petroleum noted that Speedway originally requested access
off Fox Street. In response to neighbor's objections,the site plan was turned around to
avoid this access. He continued by saying that the wall should help alleviate trash, noise
and night lighting issues. He noted that 40-60 foot candles of lighting would be used,
Page 4 of 6
not 100 and they would be willing to use flat land lights with shields in order to work
with the residents.
Chairman Feltz summarized that Speedway has been in operation for 30 years and
conservation of property is highly desired.
Cheryl Jones of Speedway Operations stated they wish to expand options for the
customer and be competitive in the area. She stated the presence of staff members at
night would actually help in policing the property and that Speedway wishes to be a good
corporate neighbor.
At 6:48pm the public hearing came to a close. At this time, Attorney Kramer stated that
she wished to make official note of a legal objection which had been filed with the
Clerk's office on June 23, 2004,regarding the setback requirements. The effect of that
objection is that a"super majority" or"three-fourths"vote is required of the Zoning
Board of Appeals. Bill Davis stated that he would be abstaining from voting because he
owns property near the Speedway site. The super majority vote would then be based on 6
votes. Five votes are then needed for the "three-fourths". Ms. Kramer stated that the
petitioner's attorney(Mr. Ingemunson) could determine if they wished a vote to be taken.
Mr. Ingemunson replied they did wish for the vote to continue.
Board Member Davis raised the concern that Speedway could continue with their present
building and operate 24 hours a day even if the variances are not granted. He stated he
would rather see the building improved or replace. Ms. Kramer stated the hours of
operations are not tied to the requested variances. Special use hours may be amended by
the City, though the original agreement has not been located.
Ms. Kurtzman stated that the "finding of fact"must be done before a vote could be taken.
(See attached a copy of the standard questions used to determine the granting of or rejection of
variance requests).
Bill Davis left the meeting at this point (7pm) to attend the Plan Commission meeting.
FINDING OF FACT:
1St Variance
With regard to decreasing the 30 foot setback to 5 foot on Bell Street,the answers to the
standard questions were as follows:
a) yes b) yes c) yes d) no e)no
Dean Bromann moved and Ben Moe seconded to grant the variation to reduce the setback
on Bell St. from 30 feet to 5 feet regarding ordinance 10-7C-4.B1. Motion passed
unanimously 4-0.
Page 5 of 6
2°d Variance
With regard to reducing the setback on Bridge St. from 30 feet to 16 feet,the answers to
the standard questions were as follows:
1) yes 2)yes 3) yes 4) no 5) no
Dean Bromann moved and Ryan Woods seconded to grant the variance to reduce the
setback on Bridge Street from 30 feet to 16 feet regarding ordinance 10-7C-4.B1. Motion
passed unanimously.
Ms. Kurtzman reminded the board, that since there was no "super majority", in effect, the
motion failed.
3rd Variance
With regard to reducing the side yard from 30 feet to 21/24 feet (for a canopy) from
Bridge St. and 21/26 feet to Bell Street, the answers to the standard questions were as
follows:
1) yes 2)yes 3) yes 4) no 5) no
Ben Moe moved and Dean Bromann seconded a motion to approve the variance to reduce
the setback for a canopy, from 30 feet to 24/21 feet from Bridge St. and 21/26 feet to Bell
St. regarding ordinance 10-7C-4B. Motion passed unanimously.
Once again, Ms. Kurtzman reminded the Board that since there was no "super majority",
in effect, the motion failed.
4th Variance
With regard to reducing the distance of the accessory building (trash enclosure) to the
main building from 10 feet to 6 feet, the answers to the standard questions were as
follows:
1) yes 2)yes 3)yes 4) not detrimental 5) no
This vote was preceded by a short discussion that if the variance is granted to reduce to 6
feet and the State takes 6 feet for widening, there is no room remaining. The hardship
would have to be dealt with at that time.
Ben Moe and Ryan Woods moved and seconded to grant the variance reducing the
setback from 10 feet to 6 feet for the distance between the main building and the
accessory structure regarding ordinance 10-3-5A. Motion passed unanimously.
A second motion was made by Dean Bromann and seconded by Ben Moe to recommend
the issuance of a cautionary statement to the City Council regarding the small distance
remaining between the accessory building and main structure if IDOT takes the right of
Page 6 of 6
way for widening Rt. 47. This would leave 4 feet between the accessory structure and
the road. This motion passed unanimously.
Once again, due to no "super majority", the motions, did in effect, fail.
This matter will now move to the City Council and to C.O.W on July 6th at 7pm.
Ms. Kurtzman noted 2 other variance requests have been filed and a meeting date needed
to be set for the public hearings. That hearing date will be August 2 or August 4.
Additional Business:
As there was no additional business, a motion was made by Ben Moe and seconded by
Ryan Woods to adjourn the meeting.
Meeting adjourned at 7:35pm
Minutes respectfully submitted by
Marlys Young, Minute Taker
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United City of Yorkville
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411
EST. _ 6 1836 County Seat of Kendall County
800 Game Farm Road
C) Yorkville,Illinois 60560
- Q Phone:630-553-4350
/,,F x �'� Fax:630-553-7575
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PC #
APPLICATION
VARIANCE REQUEST
Date of Submission: C - t Y c y
L Name of Petitioner(s): �
Address: -•? ;-, k . f - IL t .
Phone Number: 6,3( ; S 3 - ? 77.5 Fax Number: 63( 5-5.3
2. Name of holder of legal title, if different from#1: /4 (71 / jcv
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:
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:
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: 9 -(/ -- 7
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: —77.(---1 11'-,44t.,,..�/
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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 eachof 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.)
i.,, 'i i ,
L
Subscribed and sworn-before me this )`k day of '`y ,•,,,.-,,.:;_ , 200' / .
Notary Public
):FI[ \L SEAL. ..-< -
11A.1.SuRRA?r
JT4s'Y'PUBLIC.STATE OF ILI.OIL
.Q?:EXPIRES 110"('-`
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 60560.
Date: ;q -- _. -e __
Page 3 of
United City of Yorkville Variance Request Application Revised: 2/27/04
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8-11-4 . 8-11-4
C. Business Districts:
1. All signs permitted in residential districts.
2. Ground or pole signs; one per street frontage, not to exceed one
hundred (100) square feet in area, with a height (measured from
average ground level) not to exceed six feet (6') for a ground sign or
twenty feet (20') for a pole sign. A permanent sign permit is required
for each sign.
3. Wall signs; a permanent sign permit is required for each sign.
a. Single use buildings; two (2) signs per facade, but not to
exceed a total of four (4) such signs.
Multitenant buildings; one sign per individual business or
enterprise, two (2) signs per corner unit, one on each facade. A wall
sign may be placed on any face of a building oriented to a public
street, the main parking lot of the parcel, or a major access road.
D. Manufacturing Districts:
1 . All signs permitted in residential districts and business districts.
2. Ground or pole signs; one per street frontage, not to exceed one
hundred (100) square feet in area, with a height (measured from
average ground level) not to exceed six feet (6') for a ground sign or
twenty feet (20') for a pole sign. A permanent sign permit is required
for each sign.
3. Wall signs; wall signs are limited to an area equal to ten percent
(10%) of the facade area upon which the sign is to be mounted. A
permanent sign permit is required for each sign.
4. Real estate signs as follows:
a. One sign per street frontage.
b. Sign area cannot exceed twenty (20) square feet per face for
each one acre of contiguous land area, not to exceed a maximum of
four hundred (400) square feet of area per sign face and ten feet
(10') in height. A temporary sign permit is required for each sign.
Such signage must be removed by close of business of the day the
temporary sign permit expires. (Ord. 1998-36, 12-17-1998)
December 2002
City of Yorkville
( I ' it\
7 8-11-7 _ 8-11-7
C. Computation Of Maximum Total Permitted Sign Area For A Zoned
Lot: The permitted sum of the area of all individual signs on a zoned
lot shall be the total square foot area of all signs erected or
maintained upon a building or lot of record not exceeding two (2)
square feet for each linear foot of frontage of building thereon.
Buildings having frontage on more than one dedicated street will be
allowed signage for frontage on each street in accordance with the
above formula. The above signs are limited to an area equal to ten
percent (10%) of the facade upon which the sign is to be mounted.
/ D. Maximum Size; Table I: Signs shall not exceed the sizes shown in
>>% table I of this section:
TABLE I
Type Of Sign Maximum Size
Advertising signs and poster panels
Bulletin boards for public, 32 square feet
charitable, or religious
institutions
Garage sale 6 square feet
Ground or pole signs 100 square feet or 6 feet in height
(ground sign - business district)
100 square feet or 20 feet in height
(pole sign - business district)
(ground/pole sign - manufacturing
district)
Memorial signs or tablets and signs 5 square feet
denoting the date of erection of
buildings
Name and address plates
One- and two-family dwellings 11/2 square feet
Multiple-family dwellings 9 square feet
Nonresidential uses 32 square feet and 6 feet in height
(height applicable to ground sign)
December 2002
City of Yorkville
8-11-7 8-11-7
Table I (cont.)
Type Of Sign Maximum Size
No trespassing signs 2 square feet (residential districts)
6 square feet (commercial, office
and industrial districts)
Real estate signs
Residential real estate 6 square feet
(individual)
Residential marketing 64 square feet or 10 feet in height
(development)
Temporary residential off site 32 square feet and total of 10 feet
marketing in height
Manufacturing and business 64 square feet and 10 feet in
marketing height
Signs advertising company or 6 square feet
group engaged in on site con-
struction or rehabilitation
Signs regulating on premises 6 square feet
traffic and parking or sections
of buildings
Temporary signs/temporary portable 32 square feet
signs
Wall signs 10 percent of facade area (manu-
facturing district)
Window signs for business hours/ 4 square feet
health regulations
Window signs of paper for special 50 percent of total window area
sales/current prices
(Ord. 1998-36, 12-17-1998)
December 2002
City of Yorkville
f,, SOL[•
° 0United City of Yorkville
, -�
EST. " e 1836 County Seat of Kendall County
800 Game Farm'Road
(C) Yorkville, Illinois 60560
Q 111:i 0 Phone:630-553-4350
'A . Kentl°iL y � Fax:630-553-7575
L E NN/
July 15, 2004
TO: Zoning Board of Appeals
FROM: Anna B. Kurtzman, AICD'`''
SUBJECT: Zoning Variance Request
135 E. Veterans Parkway
ZBA 2004-11
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,
August 4, 2004, at 7:00 pm at the City's Board Room (located at 800 Game Farm Road).
REQUEST:
The applicant's, Duy's Shoes & Sportsware, building is located at 135 E. Veterans Parkway.
They are seeking a total of 2 variances:
1. Increasing the number of wall signs on a multi-tenant building from one (1) per
tenant to two (2) (for a total of three signs for the two tenant building) (Section 8-
11-4C.3.b), and
2. Increase the maximum size of a wall sign from 10% of the facade to 15% of the
facade (Section 8-I1-7.d).
TECHNICAL REVIEW:
The subject property is located on the north side of Veterans Parkway, approximately 282 feet
east of Bridge Street. The subject property consists of approximately 0.5 acres, which is zoned
B-3. It is improved with a building used for two retail businesses and a parking lot located to the
south of the building. The subject property is surrounded by the following properties:
Zoning Use
North B-3 Retail
South B-3 Retail
East B-3 Retail
West B-3 Retail
Based upon information provided by the applicant and scaling the photo attached to the
application, it appears that the entire building is 100 feet wide by 15 feet high for a total of 1500
sq ft. Ten percent of this facade is 150 sq ft. The existing Duy sign is 98 sq ft and the Up
Zoning Board of Appeals
135 Veterans Parkway—ZBA 2004-11
July 15, 2004
Page 2 of 2
Country sign is approximately 54 sq ft. The proposed sign is 73 sq ft. This will be a total of 225
sq ft of signage, which will cover 15% of the entire facade.
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 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
is not covered by this section, therefore, the ZBA will be making a recommendation to the City
Council regarding this variance.
Section 10-14-5D.1.f of the Municipal Code indicates that the Zoning Board of Appeals can
make a final determination regarding the size of a sign, as long as the gross area of the sign is not
increased by more than 20%. While the percent coverage of the facade is 15%, the percent
change allowed by the code is 50% ((225-150 = 75/150)*100 = 50%). Therefore, the ZBA will
be making a recommendation to the City Council regarding both variances requested.
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: T.Duy
Filename: C:\Documents and Settines\Anna\My Documents\ZBA\Duy-135 Vetems\7-15-04staffinemo.doc
10-8A-3 10-8A-6
Meat products.
Motor freight terminals.
Planned developments, industrial.
Sanitary landfill.
Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-1974; amd. 1994
Code; Ord. 2003-10, 1-14-2003)
10-8A-4: YARD AREAS: No building or structure shall hereafter be
erected or structurally altered unless the following yards are
provided and maintained in connection with such building:
/ A. Front Yard: On every zoning lot, a front yard of not less than twenty
five feet (25') in depth shall be provided. However, where lots within
the same block and comprising forty percent (40%) of the frontage
on the same street are already developed on the effective date
hereof with front yards with an average depth of less than twenty five
feet (25'), then such average depth shall be the required front yard
depth for such frontage in said block.
B. Side Yards: On every zoning lot, a side yard shall be provided along
each side lot line. Each side yard shall be not less in width than ten
percent (10%) of the lot width, but need not exceed twenty feet (20')
in width. (Ord. 1973-56A, 3-28-1974)
10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the
area of a lot may be covered by buildings or structures,
including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A,
3-28-1974)
March 2003
City of Yorkville
10-11-3 10-11-3
exclusive of access drives or aisles, ramps, columns or office or
work areas. Such space shall have a vertical clearance of at least
seven feet (7').
D. Access: Each required off-street parking space shall open directly
upon an aisle or driveway of such width and design as to provide
safe and efficient means of vehicular access to such parking space,
unless the parking facilities are serviced by a parking attendant. All
off-street parking facilities shall be designed with appropriate means
of vehicular access to a street or alley in a manner which will least
interfere with traffic movements. No driveway across public property
nor curb cut shall exceed a width of twenty five feet (25').
E. In Yards: Off-street parking spaces may be located in any yards
except required front yards.
F. Design and Maintenance:
1 . Open and Enclosed Parking Spaces: Accessory parking spaces
located on the same lot as occupied by the use served may be open
to the sky or enclosed in a building. Accessory parking spaces
located in a residence district elsewhere than on the same lot
occupied by the use served shall be open to the sky except when
otherwise allowed as a special use.
2. Surfacing: All open off-street parking areas, except parking space
accessory to a one-family dwelling, shall be improved with a
pavement meeting State of Illinois Standard A-3 or equivalent.
3. Screening and Landscaping: All open automobile parking areas
containing more than four (4) parking spaces shall be effectively
screened on each side adjoining or fronting on any property situated
in a residence district or any institutional premises by a wall, fence
or densely planted compact hedge not less than five feet (5') nor
more than seven feet (7') in height. Such required screening shall
conform with the front and side yard setback requirements of the
district in which the parking is located.
4. Lighting: Any lighting used to illuminate off-street parking areas
shall be directed away from residential properties and public
highways in such a way as not to create a nuisance.
5. Signs: Directional and regulatory signs only are permitted on
parking areas.
City of Yorkville
��,st.D CST`
� United City of Yorkville
EST dill c"'-'a 1836 County Seat of Kendall County
800 Game Farm Road
��- U) Yorkville, Illinois 60560
O II • ire\ Q Phone:630-553-4350
�� 'a:,
1-1, 2 Fax:630-553-7575
July 14, 2004
TO: Zoning Board of Appeals
(i'1.
FROM: Anna B. Kurtzman, AICP C
SUBJECT: Zoning Variance Request
106 Beaver St
ZBA 2004-12
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,
August 4, 2004, at 7:00 pm at the City's Board Room (located at 800 Game Fann Road).
REQUEST:
The applicant's, Beaver Street LLC, building is located at 106 Beaver Street. They are seeking a
total of 2 variances:
1. Reducing the front yard setback from 25 feet to 2 feet (Section 10-8A-4A)
(reducing the required front yard by 92%), and
2. Requesting permission to park in the required front yard (Section 10-11-3E).
TECHNICAL REVIEW:
The subject property is located at the southwest corner of Beaver Street and Badger Street and
consists of approximately 0.9 acres, which is zoned M-1. It is improved with an existing
industrial building and parking located to the east of the building. The subject property is
surrounded by the following properties:
Zonin' Use
North M-1 Industrial
South M-1 Industrial
East M-1 Industrial
West M-1 Industrial
Staff has two comments regarding the applicant's request:
1. The application indicates that the variances are being sought for 106 Beaver Street,
with a Property Identification Number (PIN) of 05-04-151-001. Prior to filing the
application, staff discussed with Mr. Verne Henne, the fact that his company owes a
Zoning Board of Appeals
106 Beaver Street—ZBA 2004-12
July 14, 2004
Page 2 of 3
total of three adjacent lots, with the building extending across these lot lines. As
such, staff considers these three lots to be a single zoning lot. As a result, in staff's
opinion, the variances are being sought for a total of three PINS: 05-04-151-001, 05-
04-151-002 and 05-04-151-003.
2. It is staff's understanding that the applicant is seeking to place a paved parking lot in
front of 106 Beaver Street, with the pavement to be located 2 feet from the property
line. By reducing the front yard setback from 25 feet to 2 feet a building may be
placed within 2 feet of the property line. This would be out of character with the
zoning district and the neighborhood and could create a sight-distance problem for
vehicle traffic. As a result, staff does NOT support reducing the front yard setback.
3. However, we do not have an opinion regarding the variance request allowing parking
in a required front yard. If the ZBA is in favor of allowing parking in the required
front yard, then staff would request that a condition be placed on the approval. This
condition should indicate if parking is allowed in the entire front yard or if there are
any limitations on it's placement (i.e, parking cannot occur within 2 feet of the
Beaver Street property line).
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.
Zoning Board of Appeals
• 106 Beaver Street—ZBA 2004-12
July 14, 2004
Page 3 of 3
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. Neither variance request meets
the criteria outlined in this section, therefore, your decisions are not final but will be sent to the
City Council for their consideration. After making your findings, staff recommends that the
Board make a recommendation regarding the case, which will then be forwarded to the City
Council. If you so desire, your recommendation may include recommended conditions or
restrictions.
/abk
Attachments
C: V.Henne
Filename: C:\Documents and Settings\Anna\My Documents\ZBA\Verne-106 Beaver\7-14-04staffinemo.doc
4 ° Cir
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D.r ,
United City of Yorkville
EST. °•g* ie36 County Seat of Kendall County
800 Game Farm Road
�= U? Yorkville, Illinois 60560
O ��� � O Phone:630-553-4350
'r,� �
Fax:630-553-7575
14LE `\-
PC # • k.,
• APPLICATION
VARIANCE REQUEST
Date of Submission: 6/23/04
1. Name of Petitioner(s): Beaver Street, LLC by Verne L. Henne, Manager
Address: P.O. Box 51 Yorkville, IL 60560
Phone Number: 553-5203 Fax Number: 553-5582
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: 106 Beaver Street
b. Proposed name of subdivision(if any):
c. Legal description of property for which zoning variance is sought: Lot 2, Block 2
of Fox Industrial Park, Unit 1, in the United City of Yorkville, Kendall
County, Illinois
(If more space is needed, attach as "Exhibit A".)
d. Kendall County Parcel Number(s) of property for which variance is sought:
05-04-151-001
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: 10-8A-4A reduce front yard setback from 25 to 2' and 10-11-3E
requesting parking within required front yard.
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: Verne L. Henne P.O. Box 51 Yorkville, IL 60560
Phone: 630-553-5203 Fax: 630-553-5582
Attorney: Name: Law Offices of Daniel J. Kramer
Address: 1107A S. Bridge Street Yorkville, IL 60560
Phone Number: 630-553-9500 Fax Number: 630-553-5764
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 pro erty owners signature must appear on this application.)
Subscribed and sworn before me this 23rd day of June , 200 4 .
ct,fit a_ = �
OFFICIAL SEAL Notary Public
SANDRA L BELL
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES:1IMAM
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 infoinial 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, Yorkv- e, Illinois 6 560.
Date: 6/23/04
Page 3 of 3
United City of Yorkville Variance Request Application Revised: 2/27/04
SURROUNDING PROPERTY WITHIN 250 FEET
A 05-04-151-004 I 05-05-229-009
1207 Badger St 1256 Bridge St S.
1s`Nat Bk of DeKalb Trust1796 Steven Heubel
CIO Don Burks 1256 Bridge St. S.
1207 Badger S Yorkville, IL 60560
Yorkville, IL 60560
05-05-229-008
13 05-04-151-005 1266 Bridge St S.
1209 Badger St Oakwood Building & Land Corp
Mark R. O'Malley Living Trust 302 Oakwood St
91 Lillian Lane Yorkville, IL 60560
Yorkville, IL 60560
/c' 05-05-229-005
C 05-04-152-001 1286 Bridge St S.
202 Beaver St Narvick Brothers Lumber Co.
Philip F. Lovetere Trust 1037 Armstrong St.
C/O Tiem Engineering Corp Morris, IL 60450
P.O. Box 790
Yorkville, IL 60560 C 05-04-104-010, 008
109 Beaver St.
T 05-04-152-002 John R Steinwart Trust
204 Beaver St 109 Beaver St
Old 2nd Bank Trust 3907 Yorkville, IL 60560
C/O U&R Krueger
74 Woodenbridge Drive hi 05-05-228-005, 006, 007
Yorkville, IL 60560 103 Beaver St E.
Bristol-Kendall Fire District
05-04-152-011 103 Beaver St.
1206 Badger St Yorkville, IL 60560
Robert F. Baker
1206 Badger St. N 05-04-104-049
Yorkville, IL 60560 109 Beaver St
Meadowvale Inc
F 05-04-152-012 109 Beaver St E.
1208 Badger St
Baumann Handling Systems Inc
1208 Badger St
Yorkville, IL 60560 05-04-104-048
205 Beaver St
MOC Development LLC
05-04-152-013 301 Somonauk St E.
1210 Badger St Yorkville, IL 60560
Laidlaw Transit Inc.
1240 Diehl Rd East Ste 104 P 05-04-104-050
Naperville, IL 60503 201 Beaver St
Margret E. Knell
05-05-229-010 1011 Game Farm Road
1264 Bridge St S. Yorkville, IL 60560
Nineteen Fifty-nine LLC
11 Crestwood Dr
Oswego, IL 60543
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Fox Industrial Park Unit 1
Yorkville Kendall County lllin ois
Beaver' Street
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E/e v. = 670.24
Prepared by.
James M. 0/son Associates, Ltd
107 West Madison Street
Yorkville, Illinois 60560
May 14, 2004
Henne No. 8731