Planning and Zoning Commission Minutes 2019 07-10-19Page 1 of 5
APPROVED 8/14/19
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, July 10, 2019 7:00pm
Meeting Called to Order
Chairman Jeff Olson called the meeting to order at 7:00pm, roll was called and a quorum
was established.
Roll Call:
Jeff Olson-present, Richard Vinyard-present, Danny Williams-present, Deborah Horaz-
present, Rusty Hyett-present
Absent: Don Marcum
City Staff
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Senior Planner
Tim Paulson, Engineer/EEI
Other Guests
Christine Vitosh, Vitosh Reporting Service Carol Frey, Heartland Circle
Lynn Dubajic, City Consultant Angie Cramer, Coldwell Banker
Richard Barbieri, Van Emmon Road Dick Heath, Van Emmon Road
Ralph LeGrand, Bridge St. Margaret LeGrand, Bridge St.
Carrie Steinmann
Previous Meeting Minutes May 8, 2019
The minutes were approved as presented on a motion and second by Commissioners
Vinyard and Williams, respectively.
Roll call: Olson-yes, Vinyard-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 5-0.
Citizen’s Comments None
Public Hearings
Chairman Olson explained the procedure for the Hearings and swore in those who would
speak. At approximately 7:03pm a motion was made and seconded by Mr. Williams and
Mr. Vinyard, respectively, to open the Hearing.
Roll call: Vinyard-yes, Williams-yes, Horaz-yes, Olson-yes, Hyett-yes. Carried 5-0.
Chairman Olson read each of the Public Hearings as follows:
1. PZC 2019-15 Ivaylo Gramatikov, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting rezoning
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classification. The real properties are located at the southwest and southeast
corner of the E. Van Emmon Street and Benjamin Street intersection. The
petitioner is requesting rezoning approval from B-2 Retail Commerce Business
District to R-1 Single-Family Suburban Residence District for the property at the
southwest corner of the intersection and rezoning approval from O Office District
to R-1 Single-Family Suburban Residence District for the property at the
southeast corner of the intersection.
2. PZC 2019-17 Margaret LeGrand, petitioner, has filed applications with the
United City of Yorkville, Kendall County, Illinois, requesting rezoning
classification and bulk regulation variance approval for the property located at
701 N. Bridge St. The Petitioner is requesting rezoning approval from B-1 Local
Commerce Business District to R-2 Single-Family Traditional Residence District.
Additionally, the petitioner is requesting variance approval for minimum lot size,
lot coverage, and front yard setback requirements within the R-2 Single-Family
Traditional Residence District to allow the existing dwelling to remain on the
property.
3. 2019-18 United City of Yorkville, Kendall County, Illinois, petitioner, is
proposing a text amendment to two Chapters of the United City of Yorkville,
Zoning Ordinance including “Chapter 2: Definitions” and “Chapter 3: General
Zoning Provisions.” The amendment to Chapter 2 revises the definition for a
“Zoning Lot” to include contiguous parcels under single ownership. The Chapter
3 amendment will provide that accessory buildings or uses located on a
contiguous zoning lot which have an existing primary structure and is under
single ownership are permitted as long as the building or use is located within the
rear, corner or side yard setback as stipulated in the zoning ordinance for that
district.
(See Court Reporter Transcripts)
(Responses to Standards for Case #2/LeGrand, to be entered into public record)
The Hearings were closed at approximately 7:19pm on a motion by Mr. Vinyard and
second by Mr. Williams.
Roll call: Olson-yes, Vinyard-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 5-0.
Unfinished Business None
New Business
1. PZC 2019-15 Ivaylo Gramatikov (see narrative #1 above)
Mr. Engberg said the lot at the SW corner of Van Emmon and Benjamin was originally
zoned B-2 and the development agreement expired in 2015. The lot at the SE corner was
zoned office. The petitioner wishes to rezone both lots to R-1. Currently there is no
water at the sites.
Action Item
Rezone Request
Chairman Olson read the Findings of Fact and a motion to approve the Findings and the
petition, was made by Mr. Vinyard and seconded by Ms. Horaz.
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Motion read by Mr. Vinyard: In consideration of testimony presented during a Public
Hearing on July 10, 2019 and approval of the Findings of Fact, the Planning and Zoning
Commission recommends approval to the City Council of a request for a map amendment
to rezone the property stated in the staff memorandum dated July 1, 2019 from a B-2
Retail Commerce Business District to R-1 Suburban Residence District and from O
Office District to R-1 Suburban Residence District.
Roll call: Vinyard-yes, Williams-yes, Horaz-yes, Hyett-yes, Olson-yes. Carried 5-0.
2. PZC 2019-17 LeGrand (see narrative #2 above)
This property was originally a residential property and later rezoned to be operated as a
business. It is now being requested to be used as a home again with R-2 zoning. Three
variances are also needed to become compliant with the R-2 zoning: 1) minimum lot
size reduced to 11,000 square feet from the required 12,000 square feet, 2) maximum lot
coverage increased from 45% to 48%, 3) minimum front yard setback reduced to 10 feet
from 30 feet. Some of these changes occurred during the Rt. 47 widening project. It was
noted there are other instances like this due to the widening.
Action Item
Rezone Request
Chairman Olson reviewed the Findings of Fact. A motion was made and seconded by
Commissioners Vinyard and Horaz, respectively.
Motion read by Mr. Vinyard: In consideration of testimony presented during a Public
Hearing on July 10, 2019 and approval of the Findings of Fact, the Planning and Zoning
Commission recommends approval to the City Council of a request for a map amendment
to rezone the property stated in the staff memorandum dated July 1, 2019 from B-1 Local
Commerce Business District to R-2 Single-Family Traditional Residence District.
Chairman Olson noted that this motion is for the rezoning and there will be a separate
motion and vote for each variance request.
Roll call: Williams-yes, Horaz-yes, Hyett-yes, Olson-yes, Vinyard-yes. Carried 5-0.
Action Item
Lot Size Variance
Chairman Olson entertained a motion for approval of the Findings of Fact and lot size
variance. So moved by Mr. Vinyard and seconded by Ms. Horaz.
Motion read by Mr. Vinyard: In consideration of testimony presented during a Public
Hearing on July 10, 2019 and approval of the Findings of Fact, the Planning and Zoning
Commission authorizes approval of a request to vary the minimum lot size for the R-2
District contained in Section 10-7-1 of the United City of Yorkville Zoning code from
12,000 square feet to 11,041 square feet as stated in the staff memorandum dated July 1,
2019.
Roll call: Horaz-yes, Hyett-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried 5-0.
Action Item
Lot Coverage Variance
Commissioners Vinyard and Horaz moved and seconded, respectively, to approve the
Findings of Fact and lot coverage variance.
(motion below was read in error, see correction in Additional Business)
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Motion ready by Mr. Vinyard: In consideration of testimony presented during a Public
Hearing on July 10, 2019, the Planning and Zoning Commission recommends approval to
the City Council of a request to amend the United City of Yorkville Zoning Ordinance as
presented by Staff in a memorandum dated June 11, 2019.
Roll call: Vinyard-yes, Williams-yes, Horaz-yes, Hyett-yes, Olson-yes. Carried 5-0.
Action Item
Front Yard Setback Variance
Chairman Olson entertained a motion to approve the Findings of Fact and front yard
setback variance request. So moved by Commissioner Vinyard and seconded by
Commissioner Horaz.
Motion ready by Mr. Vinyard In consideration of testimony presented during a Public
Hearing on July 10, 2019 and approval of the Findings of Fact, the Planning and Zoning
Commission recommends approval to the City Council of a request to vary the minimum
front yard setback for the R-2 District contained in Section 10.7.1 of the United City of
Yorkville Zoning Code from 30 feet to 10.1 feet as stated in the staff memorandum dated
July 1, 2019.
Roll call: Williams-yes, Horaz-yes, Hyett-yes, Olson-yes, Vinyard-yes. Carried 5-0.
3. 2019-18 Text Amendment (see narrative #3 above)
The facts for this amendment were presented in the Public Hearing and there was brief
discussion on the size of sheds and that they should be smaller than the primary structure.
A permit is required if the structure/shed is over 100 square feet.
Action Item
Text Amendment
Mr. Vinyard moved and Mr. Williams seconded the motion to approve the text
amendment.
Motion read by Mr. Williams: In consideration of testimony presented during a Public
Hearing on July 10, 2019, the Planning and Zoning Commission recommends approval to
the City Council of a request to amend the United City of Yorkville Zoning Ordinance as
presented by staff in a memorandum dated June 11, 2019.
Roll call: Horaz-no, Hyett-yes, Olson-yes, Vinyard-yes, Williams-yes.
Carried 4 yes, 1 no
Additional Business
Mr. Engberg noted an incorrect motion had been read for the LeGrand rezoning request.
A motion to make a correction was made by Mr. Vinyard and seconded by Mr. Williams.
Roll call: Hyett-yes, Olson-yes, Vinyard-yes, Williams-yes, Horaz-yes. Carried 5-0.
Action Item (correction to earlier motion)
Rezone Request
A motion was made by Mr. Vinyard and seconded by Mr. Williams to approve the
Findings of Fact and Rezoning Request. Mr. Williams read the motion as follows:
Motion: In consideration of testimony presented during a Public Hearing on July 10,
2019 and approval of the findings of fact, the Planning and Zoning Commission
recommends approval to the City Council of a request for a map amendment to rezone
the property stated in the staff memorandum dated July 1, 2019 from B-1 Local
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Commerce Business District to R-2 Single-Family Traditional Residence District.
Roll call: Olson-yes, Vinyard-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 5-0.
1. City Council Action Updates
Mr. Engberg noted that Morton Buildings PZC 2019-10 rezoning has been approved by
City Council.
(Back to)New Business
Ms. Noble said a new Planning and Zoning Chairman is usually selected at this time of
year, however, there was no meeting in June. Since Mr. Olson just became Chairman, a
new Vice-Chair is needed. Ms. Horaz nominated Mr. Vinyard as the new Vice-Chairman
and he was approved on a unanimous voice vote.
2. Planning Training Series: Basic Drainage and Site Engineering Presentation
from EEI
As part of the ongoing training for the PZC Commission, Tim Paulson from EEI
presented this topic. He said EEI's role is to review plans, engineering, work with
developers and approve plans. He showed a Powerpoint presentation, discussed each
point and addressed some questions from the Commissioners. Ms. Noble also said Mr.
Paulson will be part of the Unified Development Ordinance (UDO) committee.
Adjournment
There was no further business and the meeting was adjourned at 8:20pm on a motion by
Mr. Vinyard and second by
Respectfully submitted by Marlys Young, Minute Taker
PZC - July 10, 2019 - Public Hearing
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6 UNITED CITY OF YORKVILLE
7 YORKVILLE, ILLINOIS
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10 PLANNING AND ZONING COMMISSION
11 PUBLIC HEARING
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17 800 Game Farm Road
18 : Yorkville, Illinois
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22 Wednesday, July 10, 2019
23 7 : 00 p .m.
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1 PRESENT :
2 Mr . Jeff Olson, Chairman,
3 Ms . Deborah Horaz,
4 Mr . Richard Vinyard,
5 . Mr . Danny Williams,
6 Mr . Rusty Hyett .
7
8 ALSO PRESENT :
9 Ms . Krysti Barksdale-Noble, Community
10 Development Director;
11 , Mr . Jason Engberg, Senior Planner,
12 Ms . Marlys Young, Minute Taker .
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1 WHEREUPON, the following
2 proceedings were had in
3 public hearing : )
4 CHAIRMAN OLSON : We will move on to the
5 next item on the agenda, which is public
6 hearings . There are three public hearings
7 scheduled for tonight ' s Public and Zoning
8 Commission meeting .
9 The purpose of this hearing is to
10 , invite testimony from members of the public
11 regarding the proposed requests that are being
12 considered before this commission tonight .
13 . Public testimony from persons
14 ' present who wish to speak may be for or against
15 or to ask questions of the petitioner regarding
16 the request being heard .
17 Those persons who wish to testify
18 tonight are asked to speak clearly, one at a
19 time, state your name at the podium, sign in at
20 the podium, and state who you represent, if
21 anyone other than yourself . You are also asked
22 to sign in. I said that .
23 If you plan to speak during
24 tonight ' s hearing as a petitioner or as a member
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1 of the public -- so if you are going to give a
2 presentation or are going to ask questions --
3 please stand now, raise your right hand and
4 repeat after me .
5 Witnesses sworn . )
6 CHAIRMAN OLSON : Thank you . The order
7 for receiving testimony during the public hearing
8 portion of tonight will be as follows : First
9 we ' ll have the petitioner present; then we will
10 have those who speak in favor of the
11 presentation; and then those who speak in
12 opposition . And with that, we will get started.
13 May I have a motion to open up the
14 public hearing on petition number PZC 2019-15?
15 MR. WILLIAMS : So moved.
16 MR. VINYARD: Second.
17 CHAIRMAN OLSON : Roll call on the
18 motion, please .
19 MS . YOUNG : Yes .
20 Vinyard.
21 MR. VINYARD : Yes .
22 MS . YOUNG: Williams .
23 MR. WILLIAMS : Yes .
24 MS . YOUNG : Horaz .
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1 MR. HORAZ : Yes .
2 MS . YOUNG: Olson .
3 CHAIRMAN OLSON : Yes .
4 MS . YOUNG : And Hyett .
5 MR. HYETT : Yes .
6 CHAIRMAN OLSON : The public hearings up
7 . for discussion tonight are PZC 2019-15, Ivaylo
8 Gramatikov, petitioner, has filed an application
9 with the United City of Yorkville, Kendall
10 County, requesting rezoning classification .
11 , The real properties are located at
12 the southwest and southeast corner of the East
13 Van Emmon Street and Benjamin Street
14 intersection .
15 The petitioner is requesting
16 rezoning approval from B-2 Retail Commerce
17 Business District to R-1 Single Family Suburban
18 Residence District for the property at the
19 southwest corner of the intersection and rezoning
20 from 0 Office District to R-1 Single Family
21 Suburban Residence District for the property at
22 the southeast corner of the intersection .
23 The second one for tonight is PZC
24 2019-17, Margaret LeGrand, petitioner, has filed
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1 applications with the United City of Yorkville,
2 Kendall County, Illinois, requesting rezoning
3 classification and bulk regulation variance
4 approval for the property located at 701 North
5 Bridge Street .
6 The petitioner is requesting
7 rezoning approval from B-1 Local Commerce
8 Business District to R-2 Single Family
9 Traditional Residence District .
10 Additionally, the petitioner is
11 requesting variance approval for minimum lot
12 size, lot coverage, and front yard setback
13 ; requirements within the R-2 Single Family
14 Traditional Residence District to allow the
15 existing dwelling to remain on the property.
16 The third proposal up tonight is
17 from the City, United City of Yorkville, Kendall
18 County, petitioner, is proposing a text amendment
19 to two chapters of the United City of Yorkville
20 Zoning Ordinance, including "Chapter 2 :
21 Definitions " and "Chapter 3 : General Zoning
22 Provisions . "
23 The amendment to Chapter 2 revises
24 the definition for a zoning lot to include
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1 contiguous parcels under single ownership . The
2 Chapter 3 amendment will provide that accessory
3 buildings or uses located on a contiguous zoning
4 lot which have an existing primary structure and
5 is under single ownership are permitted as long
6 as the building or use is located within the
7 rear, corner or side yard setback as stipulated
8 in the zoning ordinance for that district .
9 Is the petitioner for PZC 2019-15
10 present and prepared to make its presentation of
11 their proposed request?
12 MS . CRAMER: Is that me?
13 MR. ENGBERG: Yes .
14 MS . CRAMER: Oh, yes .
15 CHAIRMAN OLSON : Come on up .
16 MS . Cramer : The PZC got me .
17 CHAIRMAN OLSON : Sorry . I should have
18 helped you along by telling you what it was . If
19 you would please sign in at the podium and let us
20 know your name, please .
21 ANGIE CRAMER,
22 having been first duly sworn, testified from the
23 podium as follows :
24 MS . CRAMER: I am Angie Cramer from
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1 Coldwell Banker and I represent Ivaylo, and don ' t
2 ask me to spell his or say his last name . It ' s
3 very hard .
4 He has the two lots at Van Emmon
5 that are on the corner of Benjamin; one is a 1 . 5
6 acre and a 2 . 0 acre, and they are in front of the
7 Kendall Woods development . At one time I believe
8 they were residential and then they became
9 business commercial, and we are just asking for
10 them to be brought back and encompassed into a
11 , residential for the neighborhood, so . . .
12 We have had it on -- for sale for
13 about a year and we ' ve had no interest with it
14 being zoned the way it is, but we ' ve had
15 , potential people asking for residential, so . . .
16i Any questions?
17 CHAIRMAN OLSON : All right . We will
18 probably get back to that at a later part, so
19 thank you .
20 MS . CRAMER : Okay.
21 CHAIRMAN OLSON : Is there anyone present
22 who wishes to speak in favor of the request?
23 UNIDENTIFIED SPEAKER: Can I ask a
24 question? I didn ' t swear in. Are you guys just
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1 talking about the property on top of the hill,
2 the 85 acre -- the 85 lots --
3 CHAIRMAN OLSON : No, sir, it ' s the two
4 properties --
5 MS . CRAMER : That ' s actually the
6 frontage --
7 CHAIRMAN OLSON : -- at the bottom of the
8 hill .
9 MS . CRAMER: That ' s actually the back of
10 this property.
11 CHAIRMAN OLSON : South side of Van
12 Emmon, there is the --
13 MS . CRAMER : It ' s right in the front of
14 ' Van Emmon .
15 UNIDENTIFIED SPEAKER: Van Emmon?
16 CHAIRMAN OLSON : Yes, it ' s the two
17 properties on either side of the access road
18 that used to go up to the five acres up there,
19 wherever it was, it ' s probably on either side of
20 : that .
21 UNIDENTIFIED SPEAKER: It ' s all
22 residential , is that what you ' re asking for?
23 MS . CRAMER : Yes .
24 UNIDENTIFIED SPEAKER: So you will go
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1 single family or multi family?
2 MS . CRAMER: Yes . No, single family .
3 CHAIRMAN OLSON : Is there anyone who
4 wishes -- Is there anyone who wishes to speak in
5 opposition of the request?
6 No response . )
7 CHAIRMAN OLSON : Is there any questions
8 from the commissioners for the petitioner?
9 , No response . )
10 CHAIRMAN OLSON : So there is standards
11 that we have to meet in order to grant that .
12 , Would you like those responses to those standards
13 entered into the public record for your case?
14 MS . CRAMER: Yeah, just so we know.
15 CHAIRMAN OLSON : All right . Move on to
16 the next one . Thank you .
17 Is the petitioner for PZC 2019-17 ,
18 which is the North Bridge Street rezoning
19 variance request, prepared to make their
20 presentation?
21 MARGARET LEGRAND,
22 having been first duly sworn, testified from the
23 podium as follows :
24 MS . LEGRAND : Hi . We are looking at --
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1 : CHAIRMAN OLSON : What ' s your name,
2 ma ' am? I 'm sorry .
3 MS . LEGRAND : I 'm sorry. My name is
4 Margaret LeGrand and I own the property at 701
5 , North Bridge and we are looking at rezoning it to
6 residential .
7 Due to my husband' s health, we sold
8 the property on the Town Square Park and decided
9 to downsize, and we already own this property, so
10 we ' re trying to just do it residential, so we
11 could no longer keep up with the other property,
12 so --
13 CHAIRMAN OLSON : How long have you owned
14 that property?
15 MS . LEGRAND: Huh?
16CHAIRMAN OLSON : How long have you owned
17 that property?
18 MS . LEGRAND: Five years . Might be
19 four, but I think it ' s five .
20 CHAIRMAN OLSON : Anything else you ' d
21 like to add, ma ' am?
22 MS . LEGRAND: Huh-uh, unless you have
23 any questions .
24 CHAIRMAN OLSON : I ' ll get to that in one
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1 second . Is there anyone who wishes to speak in
2 favor of the request?
3 No response . )
4 CHAIRMAN OLSON : Is there anyone who
5 wishes to speak in opposition to the request?
6 No response . )
7 CHAIRMAN OLSON : Are there any questions
8 from the commissioners for Mrs . LeGrand?
9 No response . )
10 CHAIRMAN OLSON : Thank you . Would you
11like your -- I ' m sorry, would you like your --
12 our responses to the standards entered into the
13 public record as well?
14 MS . LEGRAND : Yes .
15 CHAIRMAN OLSON : Thank you, ma ' am.
16 Okay.
17 Krysti and Jason, please present the
18 memo for PZC 2019-18 , Accessory Buildings and
19 Structures .
20 MS . NOBLE : Okay . Over the past few
21 months we ' ve been working with a homeowner who
22 has two lots that they purchased in one of our
23 residential subdivisions , and one of the lots
24 they are using for their home, the adjacent lot
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1 they are using as open space .
2 They had requested to have a
3 basketball court installed on the open parcel,
4 but the way that our ordinance reads now, there
5 is a stipulation that says a primary structure
6 must exist prior to you putting in an accessory
7 structure, so it doesn ' t clearly address if you
8 can have an accessory structure on a lot without
having a primary structure, or anticipating a
10 . primary structure, so the staff did some research
11 ; of surrounding communities, kind of a request
12 ': that we ' ve had like this in the past, and we ' ve
13had a few, but we ' ve kind of directed residents
14 to consolidate the lots to a plat consolidation
15 ' or to not build the accessory structure .
16 Most of the time the people went
17 ahead and consolidated the lot, but this
18 particular homeowner found that it was more of a
19 financial burden to have the lot surveyed and
20 then recorded with the county, so we felt that we
21 need to address this in our code to make it a
22 little bit more friendly to residents that are
23 trying do this , and we know that there is a lot
24 of lots out there that are purchased for this
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1 ' purpose .
2 So when we looked at other
3 communities, we looked at if they outright permit
4 accessory structures to be built on adjacent
5 parcels that do not have a primary structure, and
6 we found that out of the five that we surveyed,
7 : that two -- which is the City of Plano and the
8 Village of Sugar Grove -- outright prohibit them,
9 and then Montgomery right now actually has a very
10 similar code to what the City of Yorkville has
11 now, and they are looking to update their zoning
12 ordinance to permit these uses .
13 ; CHAIRMAN OLSON : Do you know what the
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historical basis is for why we wouldn ' t allow it?
15 MS . NOBLE : Well, you run into a couple
16 of issues if you allow an accessory structure to
17 be built on a lot that doesn' t have a primary
18 building . One, the accessory structure could be
19 , located in a place on the lot that would prohibit
20 a future primary structure from being built
21 because it may move into the --
22 CHAIRMAN OLSON: On the lot or
23 something .
24 ' MS . NOBLE : Correct . Also, when you
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1 ' have lots that are purchased for this manner,
2 typically what triggers the installation of
3 sidewalk and parkway trees is a final occupancy,
4 so what you tend to find, if people do purchase
5 these lots and they don ' t put in a sidewalk or
6 the parkway trees , you have a gap in your
7 frontage along the street .
8 , CHAIRMAN OLSON : Or right-of-way
9 improvements .
10 MS . NOBLE : In the right way . So those
11 are the issues .
12 So what we tried to do is provide
13 some stipulations that we would allow these
14 particular uses to happen, but we would then
15 ' require that they install the sidewalk and the
16 parkway tree, that it ' s situated in -- where it
17 would normally be if it was with a primary
18 structure -- and what else would be required --
19 and we also required that they only have one
20 accessory structural building on that vacant lot .
21 This is similar to how Oswego has
22 treated their ordinances for lots that are
23 contiguous, they have to have the same ownership
24 as well, and that way we can track when these
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1 particular uses happen.
2 Now, the only -- this is only
3 required for those accessory structures that
4 require a building permit, so if you are just
5 putting like a swing set or trampoline or
6 something, it would not require this, so if you
7 have any questions for me, I am available to
8 ' answer .
9 MS . HORAZ : The only issue that I see is
10 like a large pole building in a subdivision where
11 it ' s mostly homes just piling up .
121 MS . NOBLE : So we have two recourses to
13 that; one is mostly most accessory buildings,
14 especially in a yard, would exceed the 15-foot
15 , height, so you are really not going to get pole
16 buildings that are less than 15 feet in height,
17 and, secondly, most communities where you have
18 this additional lot are within HOAs, so HOAs
19 would have some type of --
20 MS . HORAZ : Most of them?
21 MS . NOBLE : Most of them, right, would
22 have some type of restriction on an accessory
23 structure as well .
24 MS . HORAZ : So that doesn ' t affect the
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1 neighbors as well as far as value?
2 MS . NOBLE : No, it would not affect
3 value because it ' s visually seen as a
4 continuation of the yard .
5 The only difference that you would
6 know is if you were to pull up a plat and just
7 see that there is two separate PINs associated
8 with that .
9 MS . HORAZ : Like if it was on a corner,
10 what side would the accessory building be?
I1 MS . NOBLE : It depends where the primary
12 building is . So they bought the corner lot --
13 MS . HORAZ : Yeah, if they put a house .
14 Are they going to make some of them that big,
15 could they be?
16 ' MS . NOBLE : No . Again, there are
17 setbacks for corner yards, which are similar to
18 front yards, so if you have a corner yard of
19 30 feet, you have a corner side of 30 feet, so
20 you are not going to be any closer with a
21 building .
22 CHAIRMAN OLSON : It would have to be
23 tucked in a corner .
24 MS . NOBLE : It would have to be tucked
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PZC - July 10, 2019 - Public Hearing
18
1 in a very finite area, and also again, because it
2 would be a required yard -- rear yard actually or
3 side yard, it can ' t be taller than 15 feet .
4 So we have -- we have homes that are
5 not in this situation, but they have one lot that
6 are corner lots where you may see a shed in the
7 corner or a pool in the corner, but they -- they
8 have some kind of --
9 MS . HORAZ : So it can ' t be in the middle
10 of the extra lot .
11 ' CHAIRMAN OLSON: Right .
12 MS . NOBLE : No, it can ' t be in the
13 middle . It would have to maintain whatever
14 setback was --
5 MS . HORAZ : That was my concern, what I
16 was trying to drive at .
17 CHAIRMAN OLSON : With that immediate
18 primary structure .
19 MR. ENGBERG: The only way they could --
20 CHAIRMAN OLSON: You ' re trying to build
21 a she-shed in the middle .
22 MS . NOBLE : No, it couldn ' t be in the
23 center, it would have to be in the rear .
24MR. ENGBERG: They could consolidate the
itosh Reporting Service
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PZC - July 10, 2019 - Public Hearing
19
1 lots now, and then possibly, but this way these
2 are required yard setbacks .
3 MS . HORAZ : I just don ' t want to be a
4 stickler for certain -- so it doesn ' t look out of
5 place .
6 MS . NOBLE : Absolutely.
7 CHAIRMAN OLSON : Is there a homeowner ' s
8 association in White Oak?
9 MS . HORAZ : Yes .
10CHAIRMAN OLSON : Would they have
I1 appearance standards if they were to build --
i
12 MS . HORAZ : We don ' t even allow sheds .
13 CHAIRMAN OLSON : Okay.
14 MS . HORAZ : We ' re actually thinking
15 about changing that --
16 CHAIRMAN OLSON : Are there any --
17 MS . HORAZ : Got to get 50 percent of the
18 vote .
19 CHAIRMAN OLSON : Which subdivisions --
20 which, I would say in the last 20 years,
21 subdivisions in Yorkville don ' t have homeowner ' s
22 associations?
23 MS . NOBLE : There is two, Fox Hill and
24 Sunflower .
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PZC - July 10, 2019 - Public Hearing
20
1 MS . HORAZ : They don' t have somebody to
2 take care of the pond over there .
3 MS . NOBLE : Yeah .
4 MS . HORAZ : I don' t know if there is any
5 lots over there .
6 MS . NOBLE : Yeah .
7 MS . HORAZ : Are there?
8 MS . NOBLE : Yeah, there is two, I think
9 one or two left .
10 MS . HORAZ : Are they together?
11 : MS . NOBLE : I don ' t know. I just get
12 the data . I think there is one or two lots
13 there .
14 CHAIRMAN OLSON : Any other questions?
15 MR. WILLIAMS : Krysti, would this only
16be for adjacent lots or could you, say, buy a lot
17 that ' s half a mile down the road?
18 MS . NOBLE : It ' s only for contiguous
19 lots, so they are adjacent and have to be under
20 the single ownership .
21 MR. WILLIAMS : Thank you .
22 MS . HORAZ : Does it say what corner it
23 has to be in?
24 , MS . NOBLE : Does what say?
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PZC - July 10, 2019 - Public Hearing
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1 MS . HORAZ : Away from the street?
2 CHAIRMAN OLSON : The setback, yeah,
3 would make it, right?
4 MS . NOBLE : The setback will dictate
5 where the structure can be located, so sheds can
6 only be in the rear .
7 MS . HORAZ : Yeah, but not -- can it be
8 closer to the street or --
9 MS . NOBLE : No .
10 MS . HORAZ : That ' s another concern .
11 CHAIRMAN OLSON : Picture that lot as you
12 first come into White Oak, right, that lot with
13 all those pretty white oak trees . Let ' s say
14 that ' s a lot you could build on, right? Because
15 you have the street -- What is that first street,
16 White Oak Way?
17 MS . HORAZ : Norway .
18 CHAIRMAN OLSON : Norway.
19 MS . HORAZ : And there is a lot empty
20 right there .
21 CHAIRMAN OLSON : That Norway is a
22 30-foot setback, right, the front?
23 MS . NOBLE : Corner side .
24 CHAIRMAN OLSON : And they call -- is it
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PZC - July 10, 2019 - Public Hearing
22
1 White Oak Way that ' s the first street in there?
2 MS . HORAZ : White Oak goes straight .
3 CHAIRMAN OLSON : Yeah . That also would
4 , have a 30-foot setback, right, because that whole
5 street facing --
6 , MS . HORAZ : They ' re all the same .
7 CHAIRMAN OLSON : Let ' s say that was a
8 buildable lot, that would stick that back in that
9 corner because it ' s a corner lot .
10 MS . HORAZ : See, I can ' t imagine in my
11 subdivision where they just don ' t allow sheds and
12 berming because the neighbors would go crazy,
13 even though it ' s, you know, contiguous with the
14 other structure .
15 MS . NOBLE : Right . So how this works,
16 ! because a permit would be triggered, we would get
17 the application and Jason and I would look at it,
18 and what we would do is we would determine what a
19 typical primary structure depth would be on the
20 lot and then we would then draw what the rear
21 yard and the required rear yard locations would
22 be . And again, this is only for accessory
23 structures, and most if not all accessory
24 structures are only limited to the rear and side
liitosh Reporting Service
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PZC - July 10, 2019 - Public Hearing
23
1Y and setbacks .
2 MS . HORAZ : What about architectural
3 controls on what goes in?
4 MS . NOBLE : We do not as a city
5 exercise --
6 ' CHAIRMAN OLSON : Not as a city, we
7 can ' t .
8 MS . NOBLE : We could if we enacted
1
9 one --
10 CHAIRMAN OLSON : We don ' t .
11 '' MS . NOBLE : -- but we don ' t . We do not .
12 MS . HORAZ : That ' s another discussion .
13 MS . NOBLE : Unless it ' s part of an
14 existing annexation agreement for that
15 subdivision .
16 MS . HORAZ : Right .
17 CHAIRMAN OLSON : That ' s another --
18 that ' s another committee .
19 : MS . HORAZ : New chapter . Okay . Thank
20 you .
21 CHAIRMAN OLSON : Is there anyone present
22 who wishes -- I 'm sorry. Any other questions?
23 MR. VINYARD : No . Thank you .
24 CHAIRMAN OLSON : Is there anyone present
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PZC - July 10, 2019 - Public Hearing
24
1 ' who wishes to speak in favor of the request?
2 No response . )
3 CHAIRMAN OLSON : Is there anyone present
4 who wishes to speak in opposition to the
5 : request?
6 No response . )
7 CHAIRMAN OLSON: Since all public
8 testimony regarding these petitions has been
9 ' taken, may I have a motion, please, to close the
10 taking of testimony in this public hearing?
11 MR. VINYARD: So moved.
12 ;; MR. WILLIAMS : Second .
13 CHAIRMAN OLSON : Roll call vote on the
14 motion, please .
15 MS . YOUNG: Olson.
16 CHAIRMAN OLSON : Yes .
17 MS . YOUNG: Vinyard.
18 MR. VINYARD: Yes .
19 MS . YOUNG: Williams .
20 MR. WILLIAMS : Yes .
21 MS . YOUNG : Horaz .
22 MS . HORAZ : Yes .
23 MS . YOUNG: And Hyett .
24 MR. HYETT : Yes .
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1 CHAIRMAN OLSON : The public hearing
2 portion of tonight ' s meeting is closed .
3 Which were all the
4 proceedings had in the
5 public hearing portion
6 of the meeting . )
7 o0o---
8
9
9 '
10
11
12
13 .
14
15
16
17
18
19
20
21
22
23
24
itosh Deporting Service
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PZC - July 10, 2019 - Public Hearing
26
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 from the audio recording taken at
6 the meeting and that the foregoing, Pages 1
7 through 26, inclusive, is a true, correct and
8 complete computer-generated transcript of the
9 proceedings 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 30th day of July, A. D. , 2019 .
18
19
20 Christine M. Vitosh, CSR
Illinois CSR No . 084-002883
21
22 ;
23
24
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27
0 13:6,13:8,13:15, basis[1]-14:14 21:2,21:11,21:18, copies[2]-26:12,
14:4,14:16,14:18, basketball[1]-13:3 21:21,21:24,22:3, 26:14
15:20, 16:3,16:13, became[1]-8:8 22:7,23:6,23:10, corner[1e]-5:12,
084-002883[1]-26:20 16:22, 17:10,22:22, Benjamin[2]-5:13,23:17,23:21,23:24, 5:19,5:22,7:7,8:5,
22:23 8:5 24:3,24:7,24:13, 17:9,17:12,17:17,
1 accuracy[1]-26:14 berming[1]-22:12 24:16,25:1 17:18, 17:19, 17:23,
acre[3]-8:6,9:2 big[1]-17:14 changing[1]-19:15 18:6,18:7,20:22,
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10[1]-1:22 additional[1]-16:18 bought[11-17:12 chapter[1]-23:19 26:7
15[z]-16:16, 18:3 additionally[1]-6:10 Bridge[3]-6:5,10:18, chapters[11-6:19 COUNTY[1]-26:2
address[2]-13:7, 11:5 Christine[2]-26:3, county[1]-13:2015-foot[1]-16:14
13:21 brought[1]-8:10 26:20 County[3]-5:10,6:2,
2 adjacent[a1-12:24, build[4]-13:15, City[7]-5:9,6:1, 6:18
14:4,20:16,20:19 18:20, 19:11,21:14 6:17,6:19,14:7,couple[1]-14:15
affect[2]-16:24,17:2 buildable[1]-22:8 14:10 court[1]-13:3
2[2]-6:20,6:23 aforesaid[1]-26:9 building[e]-7:6, city[2]-23:4,23:6 coverage[1]-6:12
2.0[1]-8:6 agenda[1]-3:5 14:18,15:20, 16:4, CITY[1]-1:6 CRAMER[11]-7:12,
20[1]-19:20 agreement[1]-23:14 16:10,17:10,17:12, classification[2]- 7:14,7:21,7:24,
2019[2]-1:22,26:17 ahead[1]-13:17 17:21 5:10,6:3 8:20,9:5,9:9,9:13,
2019-15[3]-4:14,5:7, allow[e]-6:14,14:14, Buildings[1]-12:18 clearly[2]-3:18,13:7 9:23,10:2,10:14
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2019-17[2]-5:24, 22:11 16:13, 16:16 closed[1]-25:2 crazy[1]-22:12
10:17 ALSO(1]-2:8 built[3]-14:4, 14:17, closer[2]-17:20, CSR[2]-26:20,26:20
2019-18[1]-12:18 amendment[3]-6:18, 14:20 21:8
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annexation[1]-23:14 6:8 commercial[1]-8:9 data[1]-20:12
3[2]-6:21,7:2
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anticipating[1]-13:9 C Commission[1]-3:8 definition[1]-6:24
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7 6:4,6:7,6:11 certification[1]- complete[1]-26:8 difference[II-17:5
architectural[1]-23:2 26:16 computer[1]-26:8 directed[1]-13:13
area[1]-18:1 Certified[1]-26:3 computer-generated direction[1]-26:15
701[2]-6:4,11:4 associated[1]-17:7 certified[1]-26:12 1]-26:8 Director[1]-2:10
7:00[1]-1:23 association[1]-19:8 certify[2]-26:4, concern[2]-18:15, discussion[2]-5:7,
associations[1]- 26:10 21:10 23:12
8 19:22 Chairman[1]-2:2 considered[1]-3:12 district[1]-7:8
assume[1]-26:13 CHAIRMAN[56]-3:4, consolidate[z]- District[7]-5:17,
audio[1]-26:5 4:6,4:17,5:3,5:6,13:14,18:24 5:18,5:20,5:21,6:8,
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14:22, 15:8, 17:22,Banker[1]-8:1 continuation[1]-during[2]-3:23,4:7access[1]-9:17
18:11, 18:17,18:20,
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itosh Reporting Service
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28
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20:8,20:11,20:18,first[s]-4:8,7:22, 18:4 kind[3]-13:11,13:13, 4:18,24:9,24:14
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21:23,22:15,23:4,22:1 horaz[p]-4:24 Krysti[3]-2:9,12:17, 14:21
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HYETT[2]-5:5,24:24 11:4,12:8 10:24,11:3,11:15, 21:16,22:1,22:2
Uitosh Reporting Service
815 . 993 . 2832 cros.vitosh@gmail .com
29
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4:17,5:3,5:6,7:15, 14:12, 16:4,22:16 provide[2]-7:2, 13:11,24:1,24:5 she-shed[i]-18:21
7:17,8:17,8:21,9:3, permitted[11-7:5 15:12 requested[1]-13:2 shed[2]-18:6,18:21
9:7,9:11,9:16,10:3, persons[21-3:13,Provisions[1]-6:22 requesting[5]-5:10, sheds[3]-19:12,
10:7,10:10,10:15, 3:17 PUBLIC[1]-1:11 5:15,6:2,6:6,6:11 21:5,22:11
11:1, 11:13,11:16, petition[q-4:14 Public[q-3:7 requests[i]-3:11 Shorthand[11-26:3
11:20,11:24,12:4, petitioner[12]-3:15, public[15]-3:3,3:5, require[3]-15:15,side[9]-7:7,9:11,
12:7, 12:10, 12:15, 3:24,4:9,5:8,5:15, 3:6,3:10,3:13,4:1, 16:4,16:6 9:17,9:19,17:10,
14:13,14:22,15:8, 5:24,6:6,6:10,6:18, 4:7,4:14,5:6,10:13, required[6]-15:18,17:19,18:3,21:23,
17:22, 18:11,18:17, 7:9, 10:8, 10:17 12:13,24:7,24:10, 15:19, 16:3,18:2,22:24
18:20, 19:7, 19:10, petitions[1]-24:8 25:1,25:5 19:2,22:21 sidewalk[3]-15:3,
19:13, 19:16,19:19, picture[1]-21:11 pull[1]-17:6 requirements 01- 15:5,15:15
20:14,21:2,21:11, piling[1]-16:11 purchase[i]-15:4 6:13 sign[3]-3:19,3:22,
21:18,21:21,21:24, PINs[q-17:7 purchased[3]-12:22, research[i]-13:10 7:19
22:3,22:7,23:6,place[3]-14:19, 19:5, 13:24,15:1 Residence[a]-5:18, signed[1]-26:12
23:10,23:17,23:21, 26:9 purpose[2]-3:9,14:1 5:21,6:9,6:14 similar[31-14:10,
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2itosh Reporting Service
815. 993 . 2832 cros.vitosh@gmail .com
30
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Vitosh Deporting Service
815. 993 . 2832 cros.vitosh@gmail .com