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Planning and Zoning Commission Minutes 2018 06-13-18Page 1 of 2 APPROVED 7/18/18 PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, June 13, 2018 7:00pm Meeting Called to Order Acting Chairman Reagan Goins called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call: Don Marcum-yes, Bill Gockman-yes, Reagan Goins-yes, Deborah Horaz-yes Absent: Jeff Olson, Richard Vinyard, Randy Harker City Staff Jason Engberg, Senior Planner Lynn Dubajic, City Consultant Other Guests Christine Vitosh, Depo Court James McNamara Matt Asselmeier, Kendall County PZB Mike Saar Previous Meeting Minutes May 9, 2018 The minutes were approved as presented on a motion and second by Commissioners Marcum and Gockman, respectively. No discussion or questions. Citizen’s Comments None Public Hearing Commissioner Goins explained the procedure for the Hearing and swore in those who would present testimony. A motion was made and seconded by Ms. Horaz and Mr. Gockman, respectively, at approximately 7:02pm, to open the Public Hearing. Roll call: Gockman-yes, Goins-yes, Horaz-yes, Marcum-yes Motion carried 4-0. 1. PZC2018-10 James McNamara, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an accessory structure location variance for 515 W. Madison Street. The purpose of this request is to allow a detached garage to be placed in the front yard. The real property, zoned R-2 Traditional Family Residence District, is located at the west end of West Madison Street. (see Court Reporter's Transcript) The Hearing was closed at approximately 7:07pm on a motion by Mr. Marcum and second by Ms. Horaz. Roll call: Gockman-yes, Goins-yes, Horaz-yes, Marcum-yes. Motion carried 4-0. Page 2 of 2 Unfinished Business None New Business 1. PZC 2018-10 James McNamara (see above description) Action Item Variance There was no discussion and Ms. Goins reviewed the Findings of Fact with the Commission. Ms. Horaz and Mr. Marcum, respectively, moved and seconded to approve them and made a motion as follows: In consideration of testimony presented during a Public Hearing on June 13, 2018 and approval of the Findings of Fact, the Planning and Zoning Commission recommends approval of a request to vary the accessory structure location regulation contained in Section 10-3-12 of the United City of Yorkville Zoning Ordinance to permit a detached accessory garage located in the front yard of the subject property. Roll call: Goins-yes, Horaz-yes, Marcum-yes. Gockman-yes. Carried 4-0. 2. PZC 2018-11 Michael and Dayle Saar have filed an application with Kendall County requesting a rezone from A-1 Agricultural District to R-1 Residential District on 4.2 acres of unincorporated land to market the site for single family residential use. The real property is located along the south edge of Route 71 just south of the Timbercreek Drive and Route 71 intersection. Matt Asselmeier said Mr. Saar wishes to retain ownership of the northeast portion of the lot and market the rest of the property as a single site. Action Item Mile and One Half Review The Commissioners had no issue with the request. Additional Business Mr. Engberg discussed the Downtown Form Based Code and Streetscape Plan public outreach event to be held during the Summer Solstice festival. They are seeking feedback from the public. Mr. Marcum commented that he saw A WSPY news feed regarding an idea to reduce the number of driving lanes to 3 in downtown Yorkville, to increase parking. However, Mr. Engberg said it will most likely be pulled from the plan due to some opposition. Adjournment There was no further business and the meeting was adjourned at 7:18pm on a motion by Commissioners Gockman and Marcum, respectively. Approved on voice vote. Respectfully submitted by Marlys Young, Minute Taker PZC - June 13, 2018 - Public Hearing 1 1 2 3 4 5 UNITED CITY OF YORKVILLE 6 YORKVILLE, ILLINOIS 7 8 9 PLANNING AND ZONING COMMISSION MEETING 10 PUBLIC HEARING 11 12 13 14 15 800 Game Farm Road 16 Yorkville, Illinois 17 18 19 Wednesday, June 13, 2018 20 7 : 00 p .m. 21 ' 22 23 24 liitosfi Deporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - June 13, 2018 - Public Hearing 2 1 PRESENT : 2 Ms . Reagan Flavin Goins, Chairman, 3 Ms . Deborah Horaz, 4 Mr . Bill Gockman, 5 Mr . Donald Marcum. 6 7 8 ALSO PRESENT : 9 Mr . Jason Engberg, Senior Planner, 10 Ms . Marlys Young, Minute Taker . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Deporting Service 815. 993 .2832 cms .vitosh@gmail.com PZC - June 13, 2018 - Public Hearing 3 1 WHEREUPON, the following 2 proceedings were had in 3 public hearing : ) 4 CHAIRMAN GOINS : There is one public 5 hearing scheduled for tonight ' s Planning and 6 Zoning Commission meeting. The purpose of this 7 hearing is to invite testimony from members of 8 the public regarding the proposed request that is 9 being considered before this commission tonight . 10 Public testimony from persons 11 present who wish to speak may be for or against 12 the request or to ask questions of the petitioner 13 regarding the request being heard . 14 Those persons wishing to testify are 15 asked to speak clearly, one at a time, and state 16 your name and who you represent, if anyone . You 17 are also asked to sign in at the podium. 18 If you plan to speak during 19 tonight ' s public hearing as a petitioner or as a 20 member of the public, please stand -- anybody 21 wishing to speak, please stand -- raise your 22 right hand, and repeat after me . 23 Witness sworn. ) 24 CHAIRMAN GOINS : The order for receiving itosh Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - June 13, 2018 - Public Hearing 4 1 testimony will be as follows : First will be the 2 petitioner presentation; second, those who wish 3 to speak in favor of the request; third, those 4 who wish to speak in opposition of the request; 5 fourth, questions from the Planning and Zoning 6 Commissioners to the petitioner . 7 May I have a motion to open the 8 public hearing on Petition number PZC 2018-10? 9 MS . HORAZ : So moved. 10 MR. GOCKMAN : Second. 11 CHAIRMAN GOINS : Roll call vote on the 12 motion please . 13 MS . YOUNG: Gockman. 14 MR . GOCKMAN : Yes . 15 MS . YOUNG: Goins . 16 CHAIRMAN GOINS : Yes . 17 MS . YOUNG: Horaz . 18 MS . HORAZ : Yes . 19 MS . YOUNG: And Marcum. 20 MR. MARCUM: Yes . 21 CHAIRMAN GOINS : Moving on to the public 22 hearing, PZC 2018-10 -- 23 MR . ENGBERG: Can we get someone to read 24 the agenda item, or you can do it? Vitosli Reporting Service 815 . 993 .2832 cms.vitosh@gmail .com PZC - June 13, 2018 - Public Hearing 5 1 CHAIRMAN GOINS : Public hearing PZC 2 2018-10, James McNamara, petitioner, has filed an 3 application with the United City of Yorkville, 4 Kendall County, Illinois, requesting an accessory 5 structure location variance for 515 West Madison 6 Street . The purpose of this request is to allow 7 a detached garage to be placed in the front 8 yard. 9 The real property is zoned R-2 10 Traditional Family Residence District and is 11 located at the west end of West Madison Street . 12 MR. ENGBERG: All right . And I put a 13 memo in here outlining everything . Mr . McNamara 14 is here, if you want to give us a rundown of what 15 you are requesting . 16 MR . McNAMARA: Sure . Do you want me 17 over here? 18 MR . ENGBERG: Sure . 19 MR. McNAMARA: I 'm not much of a public 20 speaker, but there ' s not much public here . 21 My lot is a very unusual shape and 22 size . In order for me to look at putting a 23 garage in, it doesn ' t fall under the zoning that 24 I had hoped it would have done, so, hence, this iitosh Reporting Service 815. 993 . 2832 cms.vitosh@gmail. com PZC - June 13, 2018 - Public Hearing 6 1 is why I 'm here today . 2 I think you have copies of where I 'm 3 going to put it, and the main issue is everything 4 behind me is unaccessible, so my back yard is -- 5 I don ' t have a driveway that goes to it, and my 6 side yard, it falls off into a valley or a 7 ravine, whichever you ' d like to call it, so the 8 only feasible place to put the garage is where 9 I ' ve stated. 10 There is ten houses immediately on 11 West Madison; nine of them have two-car garages , 12 both detached, attached, some of them slightly 13 forward of the house line, some of them -- you 14 know, it ' s very individual on our street . 15 I understand that the zoning is -- 16 if I was in a subdivision and I wanted to put a 17 two-car garage at the front of my house, it would 18 look unusual, but I don ' t think it does in any 19 way, shape or form. If anything, it ties into my 20 closest neighbor where her garage is, so, yeah. 21 MR. ENGBERG: And, additionally, I added 22 some of the pictures Mr . McNamara gave me of the 23 location . He needs the garage because there is a 24 giant walnut tree sprinkling down walnuts all T2itosh Reporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - June 13, 2018 - Public Hearing 7 1 over the driveway, so he ' s kind of got a 2 makeshift tent thing . 3 That ' s kind of where the garage 4 would go, and then the rest of the details on the 5 shape of the lot and how it ' s sized and why the 6 yards work out the way they do are in the memo to 7 kind of clarify. It ' s a very unusual way the 8 building is on the lot, as he stated . 9 CHAIRMAN GOINS : Thank you . 10 MR . ENGBERG: All right . 11 MR . McNAMARA: All right . Thank you . 12 CHAIRMAN GOINS : Is there anyone present 13 who wishes to speak in favor of the request of 14 the petition of Mr . McNamara? 15 No response . ) 16 CHAIRMAN GOINS : Seeing as there is no 17 one, anyone who wishes to speak in opposition of 18 the request? 19 No response . ) 20 CHAIRMAN GOINS : There is no one . 21 MR . ENGBERG: You guys can ask 22 questions . 23 CHAIRMAN GOINS : Do any members have 24 questions of Mr . McNamara? Vitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail. com PZC - June 13, 2018 - Public Hearing 8 1 MR. MARCUM: No . 2 MR. GOCKMAN : No . 3 MS . HORAZ : I do not . 4 CHAIRMAN GOINS : Okay . No questions for 5 you . 6 MR. ENGBERG: And any questions for me, 7 the memo, anything like that? It is pretty 8 clear; Staff is supporting the variance because 9 of the natural hardship that was brought by the 10 shape of the land . 11 MS . HORAZ : I drove by it, I can see 12 your situation . 13 CHAIRMAN GOINS : Since all public 14 testimony regarding this petition has been taken, 15 may I have a motion to close the taking of 16 testimony in this public hearing? 17 MR. GOCKMAN : So moved. 18 MS . HORAZ : Second. 19 CHAIRMAN GOINS : Roll call vote on the 20 motion, please . 21 MS . YOUNG: Gockman. 22 MR . GOCKMAN : Yes . 23 MS . YOUNG : Goins . 24 CHAIRMAN GOINS : Yes . liitosh Deporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - June 13, 2018 - Public Hearing 9 1 MS . YOUNG: Horaz . 2 MS . HORAZ : Yes . 3 MS . YOUNG: Marcum. 4 MR. MARCUM: Yes . 5 Which were all the 6 proceedings had in the 7 public hearing portion 8 of the meeting . ) 9 000--- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 itosIi Deporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - June 13, 2018 - Public Hearing 10 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LASALLE ) 3 I, Christine M. Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the public hearing and 6 that the foregoing, Pages 1 through 10, 7 inclusive, is a true, correct and complete 8 computer-generated transcript of the proceedings 9 had at the time and place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only. I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction . 16 As certification thereof, I have hereunto set 17 my hand this 28th day of June, A. D. , 2018 . 18 19 20 Christine M. Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Deporting Service 815. 993 .2832 cms .vitosh@gmail .com 11 0 C E 3:7,3:19,4:8,4:22, 4:19,9:3 5:1,8:16,9:7,10:5 Marlys[ii-2:10 hence[i]-5:24 McNamara 181-5:2, 084-002883[p]-10:20 car[2]-6:11,6:17 end[1]-5:11 hereby[p]-10:4 5:13,5:16,5:19, certificate[1]-10:10 Engberg[p]-2:9 hereto[1]-10:11 6:22,7:11,7:14, certification[i]- ENGBERG[7]-4:23, hereunto[i]-10:16 7:24 10:16 5:12,5:18,6:21,hoped pi-5:24 MEETING[1]-1:9 Certified[1]-10:3 7:10,7:21,8:6 HORAZ[s]-4:9,4:18, meeting[z]-3:6,9:81[i]-10:6 certified[1]-10:12 10[i]-10:6 8:3,8:11,8:18,9:2 member[i]-3:20 certify[z]-10:4, F Horaz[3]-2:3,4:17, members[2]-3:7,13[pi-1:19 10:10 9:1 7:23 2 Chairman[i]-2:2 fall pi-5:23 house[z]-6:13,6:17 memo[3]-5:13,7:6, CHAIRMAN[is]-3:4, houses[pi-6:10 8:7 3:24,4:11,4:16,falls[1]-6:6 Family pi-5:10 Minute pi-2:10 2018[2]-1:19,10:17 4:21,5:1,7:9,7:12,motion[4]-4:7,4:12, 7:16,7:20,7:23,8:4, Farm(i]-1:15 2018-10[3]-4:8,4:22, 8:15,8:20 8:13,8:19,8:24 favor[2]-4:3,7:13 5:2 feasible[i]-6:8 moved[2]-4:9,8:17 ILLINOIS[2]-1:6,28th[1]-10:17 Christine[2]-10:3, moving p] 4:21 10:20 filed[1]-5:2 10:1 MR psi-4:10,4:14, 5 first[p]-4:1Citypi-5:3 Illinois[3]-1:16,5:4, 4:20,4:23,5:12, CITY[t]-1:5 Flavin[i]-2:2 10:20 followin 5:16,5:18,5:19, clarify[p]-7:7 9[] 3:1 immediately[1]-6:10 6:21,7:10,7:11, 515[i]-5:5 clear[i]-8:8 follows[1]-4:1 inclusive[p]-10:7 7:21,8:1,8:2,8:6, clearly[i]-3:15 foregoing[i]-10:6 individual[p]-6:14 8:17,8:22,9:4 7 close[p]-8:15 form[i]-6:19 invite]i]-3:7 MS pa]-4:9,4:13, closest[i]-6:20 forward[]-6:13 issue[i]-6:3 4:15,4:17,4:18, COMMISSION[1]- fourth[i]-4:5 item[i]-4:24 4:19,8:3,8:11,8:18,7:00[i]-1:20 front[z]-5:7,6:171:9 8:21,8:23,9:1,9:2, 8 commission[1]-3:9 J 9:3 Commission[i]-3:6 G Commissioners[p]- N 800[q-1:15 4:6 James[1]-5:2 Game[ii-1:15 Jason[q-2:9 complete[p]-10:7 garage[7]-5:7,5:23, A computer[q-10:8 June[z]-1:19,10:17 name[i]-3:16 6:8,6:17,6:20,6:23, natural[1]-8:9 computer-generated 7:3 pi-10:8 K needs 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speaker[i)-5:20 Wsprinkling[i]-6:24 SS[i]-10:1 questions[s]-3:12, Staff[p]-8:8 walnut[p]-6:24 4:5,7:22,7:24,8:4, stand[2]-3:20,3:21 walnuts[i]-6:24 8:6 STATE[i]-10:1 Wednesday[i]-1:19 state[i]-3:15 West[3]-5:5,5:11, R Street[2]-5:6,5:11 6:11 street[i]-6:14 west[i)-5:11 R-2[t)-5:9 structure[i]-5:5 WHEREUPON[i]- raise(1]-3:21 subdivision[i)-6:16 3:1 ravine pi6:7 supporting[p]-8:8 whichever[p]-6:7 read[i)-4:23 sworn(q-3:23 wish[3]-3:11,4:2, Reagan[]-2:2 4:4 real[i)-5:9 T wishes[2)-7:13,7:17 receiving[p]-3:24 wishing[2)-3:14, regarding[3]-3:8, Taker[q-2:10 3:21 3:13,8:14 ten[i)-6:10 Witness pi-3:23 I repeat[p]-3:22 tent[p]-7:2 Reporter[i]-10:4 testify[q-3:14 Y represent[p]-3:16 testimony[5]-3:7, reproduced[i]- 3:10,4:1,8:14,8:16 yard[3]-5:8,6:4,6:6 10:14 thereof[2]-10:12,yards[p]-7:6 request[8]-3:8,3:12, 10:16 YORKVILLE[z]-1:5, Vitosh Deporting Service 815. 993.2832 cros .vitosh@gmail .com