Planning and Zoning Commission Packet 2019 09-11-19
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, September 11, 2019
7:00 PM
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: August 14, 2019
Citizen’s Comments
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Public Hearings
1. PZC 2019-20 Charles and Gayle Ashley, petitioners, have filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting a reduction in front yard setback from 30
feet to 20 feet for a residential parcel located at 208 E. Main Street. The purpose of this request
is to allow for the reconstruction of an attached covered porch, as was part of the original home,
to be located within the required front yard. The real property, zoned R-2 Traditional Family
Residence District, is located east of South Bridge Street (IL Route 47) and immediately south of
East Main Street in Yorkville, Illinois.
Unfinished Business
New Business
1. PZC 2019-20 Charles and Gayle Ashley, petitioners, have filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting a reduction in front yard setback from 30
feet to 20 feet for a residential parcel located at 208 E. Main Street. The purpose of this request
is to allow for the reconstruction of an attached covered porch, as was part of the original home,
to be located within the required front yard. The real property, zoned R-2 Traditional Family
Residence District, is located east of South Bridge Street (IL Route 47) and immediately south of
East Main Street in Yorkville, Illinois.
Action Item
Variance Request
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
2. PZC 2019-21 Tyler Edwards, petitioner, on behalf of Menard., Inc. has filed an application with
the United City of Yorkville, Kendall County, Illinois, requesting final plat approval to
resubdivide Lots 1 & 2 of the Menard’s Commercial Commons, an approximately 37-acre parcel,
located in the northeast quadrant of Marketview Drive and E. Countryside Parkway in Yorkville,
Illinois.
Action Item
Final Plat Approval
Additional Business
1. City Council Action Updates:
PZC 2019-16 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing to
amend Title 8, Chapter 2: Building Codes of the Municipal Code for the purpose of adopting the
2018 International Code Council series, inclusive of the International Fuel Gas Code (IFGC),
International Plumbing Code (IPC), International Mechanical Code (IMC), International Property
Maintenance Code (IPMC), International Fire Code (IFC), International Residential Code (IRC),
International Building Code (IBC), International Existing Building Code (IEBC), Illinois Energy
Conservation Code (IECC), International Swimming Pool and Spa Code (ISPSC), 2014 Illinois
State Plumbing Code, Illinois State Accessibility Code and the 2017 National Electric Code
(NEC).
City Council Action
First Reading scheduled for 9-10-19 City Council Meeting
PZC 2019-19 Leonard McEnery, on behalf of Lenny’s Gas N Wash, LLC, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting special use
permit approval for a gasoline service station with accessory convenience store and ancillary car
wash. Additionally, the petitioner is seeking sign variance approval to increase the maximum
sign area for a monument sign in a business district from 64 square feet to 107 square feet. The
property is zoned B-3 General Business District and is located at the northeast corner of the State
Route 47 Waterpark Way intersection.
City Council Action
Update provided at Meeting
Adjournment
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DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, August 14, 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:
Rusty Hyett-yes, Don Marcum-yes, Jeff Olson-yes, Danny Williams-yes
Absent: Deborah Horaz, Richard Vinyard
City Staff
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Senior Planner
Pete Ratos, Code Official
Other Guests
Christine Vitosh, Vitosh Reporting Service Scott Pritchett, Gas N Wash
Lynn Dubajic, City Consultant Lyman Tieman, Gas N Wash
Brian Hartz, Gas N Wash Greg Galgan, Gas N Wash
Kevin McEnery, Gas N Wash Mark W. Schoppe
Katie Finlon, Kendall County Record
Previous Meeting Minutes July 10, 2019
The minutes were approved as presented on a motion and second by Commissioners
Williams and Hyett, respectively.
Roll call: Hyett-yes, Marcum-abstain, Olson-yes, Williams-yes Carried 3 yes, 1 abstain
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. Hyett, respectively, to open the Hearings.
Roll call: Marcum-yes, Olson-yes, Williams-yes, Hyett-yes. Carried 4-0.
Chairman Olson read each of the Public Hearings as follows:
1. PZC 2019-16 The United City of Yorkville, Kendall County, Illinois, petitioner,
is proposing to amend Title 8, Chapter 2: Building Codes of the Municipal Code
for the purpose of adopting the 2018 International Code Council series, inclusive
of the International Fuel Gas Code (IFGC), International Plumbing Code (IPC),
Page 2 of 4
International Mechanical Code (IMC), International Property Maintenance Code (IPMC),
International Fire Code (IFC), International Residential Code (IRC), International
Building Code (IBC), International Existing Building Code (IEBC), Illinois Energy
Conservation Code (IECC), International Swimming Pool and Spa Code (ISPSC), 2014
Illinois State Plumbing Code, Illinois State Accessibility Code and the 2017 National
Electric Code (NEC).
2. PZC 2019-19 Leonard McEnery, on behalf of Lenny's Gas N Wash, LLC,
petitioner, has filed an application with the United City of Yorkville, Kendall
County, Illinois, requesting special use permit approval for a gasoline service
station with accessory convenience store and ancillary car wash. Additionally,
the petitioner is seeking sign variance approval to increase the maximum sign area
for a monument sign in a business district from 64 square feet to 107 square feet.
The property is zoned B-3 General Business District and is located at the
northeast corner of the State Route 47 Waterpark Way intersection.
(See Court Reporter Transcripts)
(Responses to Standards for Case #PZC2019-19 Lenny's Gas N Wash to be entered into
public record)
The Hearings were closed at approximately 7:25 pm on a motion by Mr. Marcum and
second by Mr. Williams.
Roll call: Olson-yes, Williams-yes, Hyett-yes, Marcum-yes, Carried 4-0.
Unfinished Business
1. 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 Street. 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 a 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.
Due to an error at the previous PZC meeting, the lot coverage motion was misread. The
correct motion is being read at this meeting and voted on for the official record.
Mr. Engberg noted that a separate motion sheet will be provided in the future to make it
easier to find the proper motion.
Action Item
Variance Request
A motion was made by Mr. Williams to approve the request and seconded by Mr. Hyett.
Motion read by Mr. Williams: 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 maximum
Page 3 of 4
lot coverage for the R-2 District contained in Section 10-7-1 of the United City of
Yorkville Zoning Code from 45 percent to 48 percent as stated in the staff memorandum
dated July 1, 2019.
Roll call: Williams-yes, Hyett-yes, Marcum-yes, Olson-yes. Carried 4-0.
New Business
1. PZC 2019-16 Amend Building Codes (Description under Public Hearings)
Ms. Noble and Mr. Olson thanked Mr. Ratos for an outstanding job on this update. Mr.
Ratos also created a website for other suggested changes and questions. He said he had
requests for changes in the air conditioning code, however, it was decided not to make
changes at this time.
Action Item
A motion was made by Mr. Williams to amend the Building Codes as presented and it
was seconded by Mr. Hyett. Motion read by Mr. Williams: In consideration of testimony
presented during a Public Hearing on August 14, 2019 and discussions conducted at that
meeting, the Planning and Zoning Commission recommends approval to the City Council
a request to adopt the proposed 2018 series of International Codes, the Illinois State
Accessibility Code, the 2014 Illinois State Plumbing Code, and the 2017 National
Electric Code as summarized in a staff memorandum dated July 30, 2019.
Roll call: Williams-yes, Hyett-yes, Marcum-yes, Olson-yes. Carried 4-0.
2. PZC 2019-19 Lenny's Gas N Wash (Description under Public Hearings)
Mr. Engberg reviewed the various requirements and their request for a 40% larger sign,
which staff supports. Mr. Engberg also said the plans for lighting, truck turning ability
and landscaping need to be adjusted slightly as conditions of the Special Use. He said
overall the project is compatible with the Comprehensive Plan. He reviewed the
comments made at the previous Economic Development Committee meeting and said the
project must comply with all the comments from EEI and for the landscaping. Final plat
approval is also being requested.
Chairman Olson reviewed the Findings of Fact for the Special Use and Ms. Noble added
that a dormant SSA would be required. He also read the Findings of Fact for the Sign
Variance.
Action Item
Special Use for Fuel/Gasoline Service Station
Commissioners Williams and Marcum moved and seconded, respectively, to approve the
Special Use. Motion read by Mr. Williams: In consideration of testimony presented
during a Public Hearing on August 14, 2019 and approval of the findings of fact, the
Planning and Zoning Commission recommends approval to the City Council of a request
for Special Use authorization for a fuel/gasoline service station with accessory car wash
to be located at the northeast corner of State Route 47 and Waterpark Way subject to the
conditions enumerated in a staff memorandum dated August 7, 2019.
Roll call: Hyett-yes, Marcum-yes, Olson-yes, Williams-yes. Carried 4-0.
Page 4 of 4
Action Item
Sign Variance Request
Mr. Marcum and Mr. Williams moved and seconded, respectively, to approve the sign
variance. Motion read by Mr. Williams: In consideration of testimony presented during
a Public Hearing on August 14, 2019 and approval of the findings of fact, the Planning
and Zoning Commission recommends approval of a request to vary the sign regulations
contained in Section 10-20-9-A of the United City of Yorkville Zoning Ordinance to
permit a free standing monument sign in a business district to be larger than 64 square
feet in sign area subject to the conditions enumerated in a staff memorandum dated
August 7, 2019
Roll call: Marcum-yes, Olson-yes, Williams-yes, Hyett-yes. Carried 4-0.
Action Item
Final Plat Approval
Mr. Williams moved and Mr. Hyett seconded a motion to recommend approval of the
Final Plat. Motion read by Mr. Hyett: The Planning and Zoning Commission
recommends approval to the City Council of a request for Final Plat of Subdivision of the
Lenny's Gas N Wash in Yorkville subject to final engineering approval as enumerated in
a letter from Engineering Enterprise Incorporated dated June 9, 2019 and August 7, 2019
and subject to the conditions enumerated in a staff memorandum dated August 7, 2019.
Roll call: Olson-yes, Williams-yes, Hyett-yes, Marcum-yes Carried 4-0.
Additional Business
1. City Council Action Updates
Mr. Engberg noted petitions approved by City Council since the last PZC meeting.
Chairman Olson also inquired about the status of the landscaping contractor north of
Bristol from a previous PZC meeting. He has since moved to the Fox Industrial Park.
He was actually in the County territory and the PZC reviewed his request as a 1.5 Mile
Review. He has a special use from the County for the mulch.
Adjournment
There was no further business and the meeting was adjourned at 7:58pm on a motion by
Mr. Williams and second by Mr. Hyett. Unanimous voice vote approval.
Respectfully submitted by Marlys Young, Minute Taker
PZC - August 14, 2019 - Public Hearing
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5 UNITED CITY OF YORKVILLE
6 YORKVILLE, ILLINOIS
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9 PLANNING AND ZONING COMMISSION
10 PUBLIC HEARING
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16800 Game Farm Road
17 Yorkville, Illinois
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21 Wednesday, August 14 , 2019
22 7 : 00 p .m.
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PZC - August 14, 2019 - Public Hearing
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1 ! PRESENT :
2 Mr . Jeff Olson, Chairman,
3 Mr . Donald Marcum,
4 Mr . Danny Williams,
5 Mr . Rusty Hyett .
6
7 ALSO PRESENT :
8 Ms . Krysti Barksdale-Noble, Community
9 , Development Director;
10 ' Mr . Jason Engberg, Senior Planner,
11 Ms . Marlys Young, Minute Taker,
12 Mr . Pete Ratos, Building Code Official .
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1 WHEREUPON, the following
2 proceedings were had in
3 public hearing : )
4 CHAIRMAN OLSON : There are two public
5 hearings scheduled for tonight ' s Planning and
6 Zoning Commission meeting .
7 The purpose of this hearing is to
8 invite testimony from members of the public
9 , regarding the proposed request that is being
10 considered before the Commission tonight .
11 Public testimony from persons
12 present who wish to speak may be for or against
13 the request or to ask questions of the petitioner
14 regarding the request being heard .
15 Those persons wishing to testify are
16 asked to speak clearly, one at a time, and state
17 your name and who you represent at the podium.
18 You are also asked to sign in at the podium, or I
19 saw the sign-in sheet going around already .
20 If you plan to speak tonight during
21 the public hearing as a petitioner or a member of
22 the public, please stand now, raise your right
23 hand, and repeat after me .
24 Witnesses sworn . )
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1 CHAIRMAN OLSON : Thank you .
2 The order for receiving testimony
3 tonight during the public hearing will be as
4 follows : First, the petitioner presentations ;
5 second, those who wish to speak in favor of the
6 request; and third, those who wish to speak in
7 opposition of the request .
8 May I please have a motion to open
9 the public hearing on Petition number PZC
10 2019-16, United City of Yorkville, International
11 Code Adoption, and PZC 2019-19, Lenny' s Gas N
12 Wash special use?
13 MR. WILLIAMS : Moved.
14 MR. HYETT : Second .
15 CHAIRMAN OLSON : Roll call vote on the
16 motion, please .
17 MS . YOUNG : Yes . Marcum.
18 MR. MARCUM: Yes .
19 MS . YOUNG : Olson .
20 CHAIRMAN OLSON: Yes .
21 MS . YOUNG : Williams .
22 MR. WILLIAMS : Yes .
23 MS . YOUNG : Hyett .
24 MR. HYETT : Yes .
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1 ' CHAIRMAN OLSON : Public hearings up for
2 discussion tonight are the following : PZC
3 ' 2019-16, United City of Yorkville, Kendall
4 County, Illinois, petitioner, is proposing to
5 amend Title 8, Chapter 2 , Building Codes of the
6 Municipal Code for the purpose of adoption of the
7 2019 International Code Council Series, inclusive
8 of -- it ' s a long list here -- the International
9 Fuel Gas Code, the International Plumbing Code,
10 International Mechanical Code, International
I1 Property Maintenance Code, International Fire
12 Code, International Residential Code,
13 International Building Code, International
14 ; Existing Building Code, International -- I 'm
15 sorry, Illinois Energy Conservation Code,
16 International Swimming Pool and Spa Code, 2014
17 Illinois State Plumbing Code, Illinois State
18 Accessibility Code, and the 2017 National
19 Electric Code .
20 The second public hearing tonight is
21 PZC 2019-19, Leonard McEnery, I believe, on
22 behalf of the Lenny ' s Gas N Wash, LLC,
23 petitioner, has filed an application with the
24 United City of Yorkville, Kendall County,
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1 Illinois, requesting special use permit approval
2 for a gasoline service station with accessory
3 convenience store and ancillary car wash.
4 Additionally, the petitioner is
5 seeking sign variance approval to include the
6 maximum sign area for a monument sign in a
7 business district from 64 square feet to
8 107 square feet .
9 The property is zoned B-3, General
10 Business District, and is located at the
Ill northeast corner of State Route 47 Waterpark Way
12intersection.
13 Mr . Ratos, would you please --
14 MR. RATOS : Sure .
15 CHAIRMAN OLSON : -- present your memo
16 for PZC 2019-16, United City of Yorkville
17 ' International Code adoption?
18 MR. RATOS : Absolutely . We are looking
19 to update our International Building Code from
20 ; the 2009 we are currently on, 2018 building code
21 cycle, which incorporates all the codes Mr . Olson
22 ° stated.
23 In addition to that, we ' ve also made
24 amendments to the codes that keep it in spirit
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1 with our traditions in the area here and our
2 existing amendments, and also the amendments of
3 Kendall County, Oswego, Montgomery, other
4 communities that directly correlate with our
5 community .
6 During the preparation of this code
7 update, the City worked with the Building and
8 Fire Code Academy, which is one of the -- which
9 is the largest in Illinois outside consultant
10 firm for building code matters .
11 We also worked with code officials
12 from Oswego and the code official from Kendall
13 County, because of the ration out there both
14 updating the 2018 code, and we wanted to kind of
15 stay in lock step with them, where they ' re going
16 to be at .
17 The major amendment change made --
18 we have requested be made to the code is the
19removal of fire sprinklers for residential
20 homes .
21 While this has been -- I can ' t say
22 it ' s -- the fire department is happy, the
23 Bristol-Kendall Fire Department is happy we have
24 ' amended this out, there are safeguards that are
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1 ' in the code now that if you were to remove that
2 standard, it increases the standard of
3 construction of houses to make them more fire
4 resistant and safer for first responders .
5 We would love to include it, but
from what we ' ve found from voters and things , it
71 would push the price threshold of the homes in
811 the area to where they sold the building
9 exponentially, and also with the addition of the
1011 restrictions and requirements of new
I construction, we kind of feel that it would
121 offset the not having fire suppression .
131 CHAIRMAN OLSON : Can you detail these?
141 MR. RATOS : Absolutely. When you don ' t
151,
have fire suppression, it requires if you have
16 any engineered materials forming your floor
17 joists, in the basement you have the sheet, 3/4
18 inch structural sheet, fire retardant lines, or a
19 fire retardant membrane, one of those, 1 . 5 hour,
20 ; so drywall, fire tape, and that would be every
211 penetration, nothing is allowed through that,
22 because as we found in the past that these
23 engineered products tend to burn pretty fast and
24 , they maintain structural support until they put
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1 any weight on them, so that would be part of
2 that .
3 Also, any structures built closer --
4 if you don' t have fire suppression, if you ' re
5 closer to ten feet from the building line, you
6 would have to actually do the bottom -- the
7 course of your plywood would have to be
8 fire-rated plywood, so instead of -- It increases
9 ,, all those thresholds, where if your -- Currently
10 , right now in our code, if you were to build a
11home and be nine foot off the property line, you
121 could just put a standard window and standard
13 plywood.
14 In the new code, it would actually
15 require you ' d have to have fire-rated plywood on
16 the entire side of the building and your windows
17 would have to be tempered and also treated to
18 resist the damage, so maintaining that
19 hour-and-a-half barrier .
20 There is also a requirement for a
21 flame spread analysis of all the materials in the
22 house and the interior finishes, so if anyone is
23 familiar with the natural fiber wallpaper, that
24 burns very, very well, so in today ' s code, we
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1 ' don ' t have anything to address that .
2 If I go in a house and walk through
3 and it ' s got the natural, you won ' t -- it would
4 , burn very easily.
5 CHAIRMAN OLSON : If the fire is -- or if
6 the wallpaper is made of matchsticks?
7 MR. RATOS : Yeah . You know, bamboo
8 fiber is one of the more popular ones now, and in
9 the current code we address flame spread on a
101 commercial aspect, we don ' t discuss it on
11 residential .
12 This brings that entire discussion
13 to residential in this new code if you don ' t have
14 fire suppression, and on top of that, there is
15 also a smoke spread index and it drops your
16 amount of --
17 : CHAIRMAN OLSON : I didn ' t know what that
18 smoke spread index was .
19 MR. RATOS : It basically says that a
20 material -- every material has -- it would have a
21 flame spread and smoke spread index, so if you
22 were to say, you know, burn a propylene carpet
23 type material, it would release X amount --
24 ' CHAIRMAN OLSON : X amount of smoke? I
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11 got you.
2 MR. RATOS : -- of cubic feet of smoke
per however many yards of fabric you burn, and so
4 on a commercial building, for example, you will
5 ! see how a lot of times in hotels, you see the
6 ' carpet -- hotels and hospitals, you ' ll see the
7 carpet feels different on your feet and it looks
8 different, that ' s the side that ' s treated to not
9 have a high smoke spread.
10 ', CHAIRMAN OLSON : I got you .
111 MR. RATOS : It will smolder and die
12 instead of actually combust . Residential carpet,
13 it will just burn .
14 So for some reason if we get a
15i builder come in and they want to, you know, use
16 ,, that high-end wallpaper and super high-end plush
17I natural wool -- which does exist -- carpet, that
18 has a super high flame spread and smoke index, we
19 will say you can do it, but you ' re going to have
20 to fire suppress it, so we will not have
21 problems .
22 CHAIRMAN OLSON : So although we ' re not
23 going all the way with the sprinklers, this is a
24 significant upgrade to the fire suppression code .
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1 MR. RATOS : Yes . Yes .
2 CHAIRMAN OLSON: Okay .
3 MR. RATOS : Like I said, it ' s the --
4 There is a lot of increased standards, and that ' s
5 one of the issues with the current one right now,
6 is they just assume that everyone would say okay,
7 fire sprinklers are the way to go, when we found
8 most communities are -- most communities around
9 the country have amended that portion out and
10 then pretty much left the code open for you can
11 do whatever you wanted, you can do whatever you
12 want as long as the code -- we amend it on fire
13 suppression, so we have different thresholds on
14 height and everything like that, and that was
15 assumed everyone would be fire suppressed.
16 This does not assume that at all .
17 If you amend it out, a whole new set of criterias
18 come in.
19 CHAIRMAN OLSON: Sure . Are there any
20 other highlights from the different International
21 Code books we are picking up?
22 MR. RATOS : You know, there ' s been a lot
23 of incremental changes over the years . We ' re
24 three code cycles behind right now.
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ll,
CHAIRMAN OLSON: 2007 or whatever .
21 MR. RATOS : We are 2008 right now and we
3 are going to 2018 .
4 Another one of the big areas they
5address clearly in the modern code compared to
6111 the one we are on is solar and different types of
7 energy solutions .
8 For example, if you see houses and
9 the rear of the house, the entire rear of the
10 house, is covered with solar panels, that ' s not
11 '' going to -- that ' s not going to be allowed under
12 this new code section, not because of not wanting
131 people to generate their own energy, it ' s not
14 ! allowed because they have to allow at least three
15 !, feet from the outside edge of the roof for a
161 pathway for first responders, and they all have
171 to have a clear path to the center of the roof as
18 well . So it ' s just more of a design criteria .
191 What they found is that there is a
20 ! fire and firefighters were trying to get up to
21 the roof and there is nowhere to access the rear
22 of the property.
23 In more extreme cases where they put
24 up a 25-kilowatt system for the entire roof, they
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1 can ' t access it at all, so how do they get up
2I there and cut holes in the middle of the
3 structure? They ' re tearing off solar panels and
4 it doesn ' t work.
5 There also -- It also clearly
6 defines all the signage we need to have on all
7 the assorted components . It sounds silly to say,
8 but a really large red sticker on the disconnect
9 ! box up on the eave of the roof, can ' t look down
10 by where the electric panel is at . It can make
1111';
all the difference for smoke, and smoke is
12 flying, they' ve got their masks on, they might
131 pull a disconnect and it could be the wrong one,
14 assuming there ' s three or four right there .
151 They' re stickered now, but just a slower
16 disconnect .
17 In the new code it requires exact --
18 the same stickers for everything, so that it ' s
19 universal .
20 MR. WILLIAMS : Question, Pete . Current
21 existing structures, those won ' t be grandfathered
22 in, correct? Those will have to be updated to
23 the code?
24 MR. RATOS : No, those will stay the way
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1 they are .
2 MR. WILLIAMS : Oh, okay. Because I know
3 there could be a number where solar panels just
4 cover the whole back of the roof, so I just
5 wanted to see if that would be --
6 MR . RATOS : Those will all be -- those
7 are all grandfathered in as of now. The only way
8 , they would have to come to code is if you were
9 to -- basically have to remodel 51 percent or
10 ' greater of the structure, and then even that is
11 , subject to -- the aspect of the code also says
12 structure by level, so if you were to say if you
13 had a -- God forbid something happened to the
14 rear of your house, you would have to come up
15 ' with 51 percent of the structure, first floor
16 ranch is gone, we are not to going make you
17 update the entire basement to code as well
18 because that ' s not the same level .
19 MR. WILLIAMS : Gotcha . Thank you .
20 CHAIRMAN OLSON : Anything else, Pete?
21 MR. RATOS : Just one more thing is
22 Property Maintenance Code, we have adjusted that
23 , a little bit, and the biggest section we have
24 added is dead trees .
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1 Right now we currently have
2 restrictions and ability to issue fines and
3 citations or citations to bring a hearing for
4 emerald ash borer and ash or elm trees .
5 You have a new section about trees
6 in the Property Maintenance Code because we found
71 that as time goes on, we all know different types
8 of arbor diseases and things affect trees, oak
9 blight, the blaze, the disease is that ' s hitting
10 a lot of the varieties now, it ends up leaving a
11 ', lot of dead trees in the community.
12 While we understand that it ' s not --
3 it ' s expensive to remove the trees, we would like
14 to be able to have a way, a mechanism, to try to
15 get enforcement on that because even though it ' s
16on your property, your property abuts a neighbor,
17 neighbor ' s house has little kids running around,
18 some of these trees can be in excess of 100,
19 150 feet height . If they fall, they' re not
20necessarily going to fall on your own property.
21 CHAIRMAN OLSON : Is there anyone --
22I Anything else?
23 MR. RATOS : That ' s fine .
24 CHAIRMAN OLSON: Thank you. Is there
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1 anyone who wishes to speak in favor of their
2 request tonight?
3 No response . )
4 CHAIRMAN OLSON : Is there anyone who
5 wishes to speak in opposition of their request
6 tonight?
7 No response . )
8 CHAIRMAN OLSON : Is there any other
9 questions for Pete right now?
10 No response . )
11 CHAIRMAN OLSON : All right . Is the
12 petitioner for PZC 2019-19 present and prepared
13 to make their presentation of the proposed
14 request?
15 LYMAN TIEMAN,
16 , having been first duly sworn, testified from the
17 podium as follows :
18 MR. TIEMAN : Good evening, my name is
19 Lyman Tieman . I am the attorney for Len McEnery,
20 and Len is the sole member and manager of Lenny ' s
21 Gas N Wash Yorkville, LLC, that was set up
22 specifically for the purpose of acquiring
23 5 . 04 acres of property on the northeast corner of
24 Waterpark Way and Route 47 .
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11 The property that we are
2 acquiring -- We are under contract currently.
3 , The property that we are acquiring is from the
4 Betty O' Keefe Limited Family Partnership, which
5 is the owner of the entire tract, which is
6 currently 72 acres .
7 What we ' re looking to do -- We filed
8 several applications with Yorkville . What we ' re
9 looking to do is come in and obtain a special use
10111 permit from the City of Yorkville to allow for a
11 : gas station, convenience store, car wash, to
12 operate on that corner .
13 , We ' ve also filed a petition for a
141 plat of subdivision to take the piece of
15 property that we are acquiring, break that into
16 two lots .
17 ' Lot 1 would be our property at
18 5 . 04 acres, Lot 2 would be a right-of-way
19 ' dedication, 55 feet, to the Illinois Department
201 of Transportation that fronts on 47, and we have
21 made an application for a sign variance, not to
22 vary the height or anything of that nature, but
23 to vary the square footage of the sign from
24 64 feet to I think it ' s 107 square feet because
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PZC - August 14, 2019 - Public Hearing
19
1 of the setback from the corner to allow a little
2 bit more readable in light of the fact that there
3 will be a 55-foot dedication to the Illinois
4 Department of Transportation, and to provide
5 ' adequate area on the monument sign to allow for
6 the E85 fueling as well as the diesel fueling and
7 the car fueling and any other advertisements that
8 we have for the operation within the convenience
9 store .
10 ' The convenience store would be
11 7 , 000 square feet . We are intending to have two
12 food vendors within the convenience store . One
13 is for certain, which is Dunkin Donuts ; the other
14 one is still kind of up in the air, somewhere
15 between a Pop ' s roast beef and a taco facility
16 within the convenient store .
17 We have segregated the car fueling
18 more in the front of the property from the diesel
19 ' fueling, more off to the side and rear of the
20 property .
21 ' We are currently in contact with the
22 Illinois Department of Transportation to obtain
23 : approval for a right-in/right-out on 47 .
24 You know, we ' ve met with Krysti,
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PZC - August 14, 2019 - Public Hearing
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1 we ' ve met with Jason, we ' ve met with the Economic
2 Development Committee, and we ' ve gone through the
3 stages up until now.
4 , We have attempted all throughout the
5 course of the process to refine our site plan to
6 bring it into compliance with signage and
7 landscaping and other requirements, setbacks,
8 other bulk requirements of the City of Yorkville .
9 I have with me tonight, if you have
10 any specific questions, or they can give you a
11 presentation, but I ' ve brought with me this
121 evening Kevin McEnery, who is the brother of the
13 owner, Len McEnery, and he is representing
14 ownership .
15 We also have Brian Hertz, who is our
16 civil engineer from MG2A & Associates in
17 Manhattan . We also have Scott Pritchett with
18 Arsa Associates, who is our architect on the
19 project, and we have Greg Galgan, who is going to
20 lead up the construction phase of the project .
21 If we are able to move this project
22 forward, we would like to be in a position to
23 break ground and begin construction immediately
24 after approval by the City Council, hopefully to
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PZC - August 14, 2019 - Public Hearing
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1 get far enough along so that we don ' t get held
2 back by the winter weather that I think we ' re all
3going to see at some point in time .
4 We are hoping to close on the
5 property somewhere around the 13th or the 15th of
6 September and begin construction immediately,
7 unless the seller would give us permission to
8 begin construction a little bit early, and we ' re
working on that right now, trying to make contact
10 with the seller to accomplish that .
11 We think this will be a good project
12 for the City. It ' s certainly I think compatible
13 with what exists there currently . We ' ve got the
14 waterpark basically to the east and parking lot
15 for the waterpark to the south of us .
16 '. Our property is currently zoned B-3,
17 the 72 acres is zoned B-3 . The property to the
18 ; east and south of us -- properties to the east
19 and south -- east and south are currently zoned
20 B-3, and the property across 47 is zoned R-4 ,
21 which my understanding is that was zoned a while
22 back for a residential subdivision that so far
23 really hasn ' t taken root .
24 So we believe that we ' re going to be
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PZC - August 14, 2019 - Public Hearing
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1 compatible with all of the existing zoning and
2 potential future uses in the area, and we are
3 excited. We want to be in the City of Yorkville
4 and we want to move this project forward as
5 quickly as we can .
6 If you have any questions, we ' d be
7 happy to address them.
8 CHAIRMAN OLSON : We ' ll get through the
9 questions and comments and I ' ll probably circle
10 back for additional questions once we get back to
11 talk about that .
12 Is there anyone present who wishes
13 to speak in favor of the request? Please state
14 ' your name .
15 LYNN DUBAJIC,
16 having been first duly sworn, testified from the
17 podium as follows :
18 ;, MS . DUBAJIC: I 'm Lynn Dubajic and I am
19 Economic Development Coordinator for the City of
20 Yorkville .
21 I ' ve had the pleasure of working
22 ' with this team for a number of months now and I
23 just wanted to give you a couple highlights on
24 the project from my perspective, from an economic
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PZC - August 14, 2019 - Public Hearing
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1 development perspective .
2 This is a great project for our
3 community. It creates somewhere around 40 jobs
4 and it is a need in the area .
5 We understand that many people --
6 with the proximity to the waterpark, many people
7leave our waterpark, leave Yorkville, go north on
8 47 and need to get supplies or put gas in their
9 , car and they leave our community and they drive
10 ' outside of our community to make these
11 transactions .
12 It ' s an area that was identified a
13 while ago and brought to our attention, my
14 , attention, as a high priority to attract
15 something like this, so it was a priority for our
16community.
17 Also, originally you may remember
18 this company had been working with them at a
19property on 34 . At that time they were going to
20 do a convenience -- a C store that was only at
21 4800 square feet, and this one is now
22 7, 000 square feet, so there is much more that
23 they are bringing to this site . It allows them
24 to be able to do so, so --
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PZC - August 14, 2019 - Public Hearing
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1 CHAIRMAN OLSON : For reference,
2 7, 000 square feet is like half the size of a
3 Walgreens, so --
4 MS . DUBAJIC : Yes .
5 CHAIRMAN OLSON : -- it ' s a nice sized
6 building .
7 MS . DUBAJIC: It ' s a very nice sized
81 building . And adding, you know, not only the
9 Dunkin Donuts, but the other food choice is a
10 nice food amenity near the waterpark.
11 ' The other thing that I wanted to
12 mention is the remainder of that property that is
13 : owned by the O' Keefe family is still very large,
14 and we are also very hopeful -- I talked with the
15 O ' Keefe family today.
16 ' We are also very hopeful that this
17 will act as another catalyst to maybe get some
18 other things happening up there, so very key to
19 future planning, and I 'm very excited about the
20 project as well .
21 And also, I know that they spoke
22 about getting started very quickly because they
23 . want toget started before the weather gets cold
24 and unable to work, and it is their goal to
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PZC - August 14, 2019 - Public Hearing
25
1 actuallyopenin the spring and be open before
2 the waterpark opens next May, so -- which will be
3 a wonderful thing because it will allow that to
4 be seamless, so when the waterpark opens, it will
5 be there and operational .
6 Thank you .
7 CHAIRMAN OLSON : Thank you. Does anyone
8 else wish to speak in favor of the request?
9 No response . )
101, CHAIRMAN OLSON : Does anyone wish to
11 ' speak in opposition to the request?
12 No response . )
13 CHAIRMAN OLSON : Seeing as -- Well,
14 actually, are there any other questions from the
151 commissioners right now? Otherwise, we can go
161 over it -- Okay.
17 MR. MARCUM: You ' ve got this letter from
18 the landscape guy who apparently didn ' t like the
191 original plan . Has that all been taken care of?
20 MR. ENGBERG: Oh, the landscape plan,
21 yeah, it ' s -- everything will be a condition of
22 the special use . Any comments within the
23 landscape plan or EEI will be part of the special
24 use to rectify that situation before anything
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PZC - August 14, 2019 - Public Hearing
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1 gets going.
2 MR. MARCUM: Yeah, because I picked up
3 he didn ' t like it .
4 MR. ENGBERG: Yes .
5 MR. MARCUM: The original plan . I am
6 very astute that way.
7 MR. ENGBERG: Yes .
8 MR. MARCUM: And the driveway turning
9 radius has been taken care of and the lighting
10 has been --
11 MR. ENGBERG: So the original plans that
12 were brought in during plan council have been
13 adapted and changed to the most current version
14 that are attached . The driveway has been moved
15 back, some of the landscaping they are changing .
16 ! At the Economic Development
17 Committee some other comments were made about the
18 landscaping along 47 that they added in, just
19 that strip, that 55-foot strip, they had some
20 , trees in there .
21 A comment was made that those are
22 going to get ripped out when IDOT takes over,
23 could you try and get them onto your property on
24 that front, so we ' re not just putting in trees
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PZC - August 14, 2019 - Public Hearing
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1 and ripping them out, so those comments will be
2 all conditional on the special use .
3 CHAIRMAN OLSON : All right . It is a
4 special use, we need to -- okay.
5 Would the petitioner like to have
6 , your responses to the standards which you
7 submitted previously entered in the public
8 record?
9 MR. TIEMAN : No .
10 MS . NOBLE : We would recommend that you
11 enter your responses to the standards for special
12 use into the record.
13 MR. LYMAN : Oh, I 'm sorry. I 'm sorry, I
14 ' misunderstood. Yes, we would ask that you adopt
15 the standards that we had indicated with our
16 application for special use .
17 MS . NOBLE : Thank you .
18 CHAIRMAN OLSON : Okay . Thank you . All
19 right .
20 Since all public testimony regarding
21 these petitions has been taken, may I have a
22 motion to close the taking of testimony in this
23 public hearing, please?
24 MR. MARCUM: So moved.
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PZC - August 14, 2019 - Public Hearing
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1 MR. WILLIAMS : Second .
2 CHAIRMAN OLSON : Roll call vote on the
3 motion, please .
4 MS . YOUNG : Yes . Olson.
5 CHAIRMAN OLSON : Yes .
6 MS . YOUNG: Williams .
7MR. WILLIAMS : Yes .
8 MS . YOUNG: Hyett .
9 MR. HYETT : Yes .
10 MS . YOUNG: Marcum.
11 MR. MARCUM: Yes .
12 CHAIRMAN OLSON: The public hearing
13 ' portion in tonight ' s meeting is closed.
14 Which were all the
15 , proceedings had in the
16 , public hearing portion
17 of the meeting . )
18 oOo---
19
20
21
22
23
24 ,
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PZC - August 14, 2019 - Public Hearing
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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 29, 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 28th day of August, A. D. , 2019 .
18
19
20 Christine M. Vitosh, CSR
Illinois CSR No . 084-002883
21
22
23 ,
24
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Vitosh Reporting Service
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32
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33
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34
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SUMMARY:
The petitioners, Charles and Gayle Ashley, have filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting a reduction in the front yard setback from the required
minimum 30 feet from the property line to the building to 20 feet for a residential parcel located at
208 E. Main Street. The property is zoned R-2 Traditional Family Residence District and purpose of
the request is to allow for the reconstruction of an attached covered porch, as was part of the original
home, to be located within the required front yard. The proposed porch will reflect the established
neighborhood character and forward the goals of the recently adopted Neighborhood Design Manual.
PROPERTY BACKGROUND:
The property, a two-story is located approximately 2 blocks east of IL Rte. 47 (N. Bridge
Street) on Main Street surrounded by similar single-family homes in the older residential part of
Yorkville. This parcel, as well as the adjacent parcels, was platted as a narrow, deep lot which backs
up to wooded open space and the Fox River. This area of the City was developed prior to any
modern zoning regulations existed in Yorkville and therefore the structures and parcels in the area
may or may not conform to current code standards.
Memorandum
To: Planning and Zoning Commission
From: Krysti Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Jason Engberg, Senior Planner
Date: August 7, 2019
Subject: PZC 2019-20 208 E. Main Street – Front Yard Setback Variance
As currently situated, the nearest distance from the property line to the edge of the home is
approximately 29.4’. However, the existing front stoop extends an additional eight feet (8’) into the
yard, effectively rendering the front setback at 21.4’, less than the required minimum 30 feet for the
R-2 zoning district. Therefore, this property is considered “legally non-conforming” since its non-
conformity existed prior to the adoption of the current ordinance. The exhibit below illustrates where
the house is located on the parcel. The required front yard is shaded and shows the existing stoop.
PROJECT DESCRIPTION:
The two-story brick residence, as
seen in the picture to the right, was
originally built circa 1860 with
architectural features common to Victoria
Stick Style homes. These features include
steep gable and side gable rooflines;
rectangular windows in a simple pattern
of one-over-one; and unusually
announced porches with large brackets
that form curved diagonal braces. At
some point, the front façade of the home
was altered to remove the covered porch
and the current homes exterior is depicted
in the images below.
As proposed, the petitioners are seeking to rebuild the one-story porch to the existing front façade of
the home in its original location. The porch would extend approximately thirty-two (32) feet across
the front plane of the house and project out about eight (8) feet into the front yard, following the line
of the existing front stoop. The covered roof of the porch would be approximately ten (10) feet in
height and the floor material will be a one inch (1”) thick composite deck. The overall setback will
essentially remain at its current distance of 21’-4” if the variance is approved.
VARIANCE REQUEST:
Section 10-7-1 of the City’s Zoning Ordinance requires all buildings located in the R-2
Single-Family Traditional Residence District to maintain a minimum front yard setback of thirty feet
(30’). Although the current home does not maintain this setback, it is non-conforming to this
standard, Section 10-15-3-B-3 states the non-conforming structure can be maintained, repaired or
altered but cannot expand or create any additional nonconformities. Therefore, the petitioner is
seeking the variance so that they are legally allowed to encroach, expand and alter their home to the
newly requested setback of 20 feet and not constrained, now or in the future, by the current non-
conforming status.
NEIGHBORHOOD DESIGN:
In February 2019, the City Council adopted the Neighborhood Design Manual, which is
geared towards retaining and enhancing the character and livability of Yorkville’s traditional
neighborhoods. As part of this non-binding manual, guidelines were established for renovation and
new construction with the goal of any repair or reconstruction blending into the fabric of the
surrounding neighborhood. Specifically, regarding porches, the Neighborhood Design Manual
acknowledges that “the front porch can be a great place to relax and enjoy the breeze on a cool
summer evening” and therefore recommends when renovating an existing home in the older parts of
town, “care should be taken to preserve or replicate the styling of historic elements…into the new
design.” Additionally, the Comprehensive Plan designates this area as “Traditional Neighborhood
Residential” which encourages the current residential character.
The petitioners main purpose is to replace the previous porch feature onto their home as it
was originally built. They also desire to enhance the character of their home with the addition of this
architectural element and “bring back some old-time touches” to the neighborhood, as other homes
also have front porches. Furthermore, the variance for the front yard setback is consistent with the
established neighborhood frontage and the addition of the requested porch would maintain that line,
as illustrated in the aerial below.
STANDARDS FOR GRANTING A VARIANCE:
The Planning and Zoning Commission must base its decision to vary, or recommend varying,
the Petitioner’s request for relief of the Zoning Ordinance regulation upon the following standards
(Section 10-4-7-C):
1. Because of 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.
6. The proposed variation is consistent with the official comprehensive plan and other
development standards and policies of the city.
The petitioners have provided responses to these standards in their application materials which
they request to be entered into the record.
STAFF COMMENTS
Staff is supportive of the request for front yard setback reduction as proposed by the
petitioners. The original architecture of the home was designed with a Victorian Stick Style porch,
similar to the surrounding residences. Additionally, the property, and most properties within the
neighborhood, are legally non-conforming with regards to front yard setbacks, as they were built
prior to the modern zoning code. Finally, the proposed porch would not change the character of the
street line and is consistent with the recently adopted Neighborhood Design Manual and
Comprehensive Plan.
PROPOSED MOTIONS:
In consideration of testimony presented during a Public Hearing on September 11, 2019 and
approval of the findings of fact, the Planning and Zoning Commission recommends approval of a
requested reduction in the front yard setback in the R-2 Single-Family Traditional Residence
District regulations from the required minimum 30 feet from the property line to the building to 20
feet for a residential parcel located at 208 E. Main Street and further subject to {insert any
additional conditions of the Planning and Zoning Commission}…
ATTACHMENTS:
1. Petitioner Application (with attachments)
2. Public Hearing Notice
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING & ZONING COMMISSION
PZC 2019-20
NOTICE IS HEREWITH GIVEN THAT Charles and Gayle Ashley, petitioners, have filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting a reduction in
front yard setback from 30 feet to 20 feet for a residential parcel located at 208 E. Main Street.
The purpose of this request is to allow for the reconstruction of an attached covered porch, as was
part of the original home, to be located within the required front yard. The real property, zoned R-
2 Traditional Family Residence District, is located east of South Bridge Street (IL Route 47) and
immediately south of East Main Street in Yorkville, Illinois.
The legal description is as follows:
LOT 9 AND THAT PART OF LOTS 5, 6 AND 10 IN BLOCK 22 OF MCCLELLAN’S
ADDITION TO BRISTOL DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF SAID LOT 9; THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF
SAID LOT 9 AND SAID EASTERLY LINE EXTENDED, 320.0 FEET TO THE SOUTHERLY
LINE OF LOT 6; THENCE WESTERLY, ALONG SAID SOUTHERLY LINE, 100.0 FEET;
THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY LINE EXTENDED AND
SAID EASTERLY LINE, 320.0 FEET TO THE NORTHERLY LINE OF SAID LOT 10;
THENCE EASTERLY, ALONG SAID NORTHERLY LINE, 100.0 FEET TO THE POINT OF
BEGINNING IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
PIN : 02-33-109-006
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United
City of Yorkville will conduct a public hearing on said application on Wednesday, September
11, 2019 at 7:00 p.m. at the United City of Yorkville, City Council Chambers, located at 800
Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without further notice
being published.
Application and information materials regarding this notice are available for public review and
any questions or written comments should be addressed to the United City of Yorkville
Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois. All
interested parties are invited to attend the public hearing and will be given an opportunity to be
heard.
By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois.
Lisa Pickering
City Clerk
Proposed Request:
The petitioner, Tyler Edwards, on behalf of Menard., Inc. is seeking final plat approval to
resubdivide Lots 1 & 2 of the Menard’s Commercial Commons, an approximately 37-acre parcel. Located
in the northeast quadrant of Marketview Drive and E. Countryside Parkway, the subject property was
annexed as a part of a larger multi-parcel commercial development approved by the City of Yorkville in
2000. Currently, Lot 1 is improved with the Menards big-box home improvement retail store and Lot 2 is
utilized for agricultural purposes, as permitted by the annexation agreement. Both lots are zoned B-3
General Business District and owned by Menard, Inc.
Proposed Final Plat of Resubdivision:
As proposed, the parcel line separating the existing Lots 1 and 2 will be adjusted northward to
allow for an addition to the yard gate for an automatic express entrance lane which is being implemented
at all of Menard’s store locations. This gate allows customers with online orders to scan a barcode at the
new entrance lane and enter the yard for pick up without the inconvenience of waiting for a gate guard to
manually approve entrance. There will also be an additional twenty feet (20’) added to the existing gate
canopy which will serve as the exit lane.
Since the yard gate is attached to the Menard’s store, the International Building Code (IBC)
requires a minimum continual clearance of sixty feet (60’) around the building. This dictates the existing
property line be relocated so that the structure does not straddle two (2) lot lines and remains compliant
with building setback regulations for the B-3 Zoning District which is 20 feet. Below is a site plan
showing the proposed addition.
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: July 15, 2019
Subject: PZC 2019-21 Menards – Lots 1&2 of Menard’s Commercial Commons
Final Plat of Resubdivision Approval
The proposed Final Plat of Resubdivision has been reviewed by the City’s engineering consultant,
Engineering Enterprises Inc., for compliance with the Subdivision Control Ordinance’s Standards for
Specification. Comments dated July 22, 2019 and August 14, 2019 were provided to the applicant (see
attached). The minor revisions requested by the City Engineer will be addressed by the applicant prior to
the Planning and Zoning Commission meeting and reviewed for compliance prior to final plat
recordation.
Staff Comments:
Based upon the review of the proposed Final Plat of Resubdivision of Lots 1 & 2 of the Menard’s
Commercial Commons Seventh Addition, staff believes the submitted plans are consistent with the
approved development site plan and the current subdivision control regulations. Therefore, we
recommend approval of the final plat of resubdivision as currently presented.
Proposed Motion:
In consideration of the proposed Final Plat of Resubdivision of Lots 1 & 2 of the Menard’s
Commercial Commons Seventh Addition, the Planning and Zoning Commission recommends approval
of the plat to the City Council as presented by the Petitioner in a plan prepared by Craig R. Knoche &
Associates, dated June 12, 2019, and further subject to {insert any additional conditions of the
Planning and Zoning Commission}…
Attachments:
1. Copy of Petitioner’s Application
2. Final Plat of Resubdivision of Menard’s Commercial Commons Seventh Addition prepared by Craig R.
Knoche & Associates dated 06-12-19.
3. EEI Letter to the City dated July 22, 2019 re: Menards Plat of Resubdivision.
4. EEI Letter to City dated August 14, 2019 re: Menards Plat of Resubdivision.
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Scale 1"=100'060402010080200150400300of2SheetFile:Date:Job:Prepared for:Plat of ResubdivisionLand Plannersfax (630) 845-1275SurveyorsCivil EngineersGeneva, Illinois 60134phone (630) 845-127024 North Bennett StreetCivil Engineers, P.C.Craig R. Knoche & AssociatesCraig R. Knoche & AssociatesCivil Engineers, P.C.Registered Design Firm 3763119-02519-025RP16-12-19Menard's CommercialCommons Seventh AdditionMenard, Inc.Being a resubdivision of Lots 1 and 2 of Menard's Commercial Commons FifthAddition, Yorkville, Kendall County, Illinois, being a resubdivision of Lot 1 and part ofLot 3 of Menard's Commercial Commons, a subdivision of part of Section 21,Township 37 North, Range 7 East of the Third Principal Meridian in the United Cityof Yorkville, Kendall County, Illinois.S10°07'07"W5.50Public Utility E
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of2SheetFile:Date:Job:Prepared for:Plat of ResubdivisionLand Plannersfax (630) 845-1275SurveyorsCivil EngineersGeneva, Illinois 60134phone (630) 845-127024 North Bennett StreetCivil Engineers, P.C.Craig R. Knoche & AssociatesCraig R. Knoche & AssociatesCivil Engineers, P.C.Registered Design Firm 3763219-02519-025RP26-12-19Menard's CommercialCommons Seventh AdditionMenard, Inc.This is to certify that Menard, Inc. is the owner of the lands shown and described onthe annexed plat and by its duly elected officers has as such owner caused the sameto be surveyed, resubdivided and platted as shown thereon for the uses and purposestherein set forth and does hereby acknowledge and adopt the same under the styleand title thereon shown.It is further certified that the lands platted herein fall within the boundariesof Yorkville Community Unit School District 115.Given this____day of__________, A.D.2019.by:______________________________ (title)attest:____________________________ (title)I,____________________, a notary public in and for the County and Stateaforesaid do hereby certify that________________and________________,as________________and________________of Menard, Inc., who arepersonally known to me to be the same persons whose names are subscribedto the foregoing certificate, appeared before me this day in person andacknowledged the execution of the annexed plat of resubdivision andaccompanying instrument as being pursuant to authority given and astheir free and voluntary act and as the free and voluntary act ofMenard, Inc.Given under my hand and notarial seal this____day of__________ ,A.D.2013._________________________________________notary publicState of WisconsinCounty of Eau Claire}S.S.State of WisconsinCounty of Eau Claire}S.S.This is to certify that I, John Cole Helfrich, an Illinois Professional Land Surveyor,have surveyed, resubdivided and platted those lands described as follows:Lots 1 and 2 of Menard's Commercial Commons Fifth Addition, Yorkville, KendallCounty, Illinois, being a resubdivision of Lot 1 and part of Lot 3 of Menard'sCommercial Commons, a subdivision of part of Section 21, Township 37 North,Range 7 East of the Third Principal Meridian in the United City of Yorkville, KendallCounty, Illinois.Area: 1,607,049 sq.ft., 36.89 acresI further certify that the lands described above fall in "Zone X, Area of MinimalFlood Hazard" as defined by the Federal Emergency Management Agency based onreference to Flood Insurance Rate Maps 170830037H and 170830045H, both witheffective dates of January 8, 2014.I further certify that the lands described above lie within the corporate limits of theUnited City of Yorkville, which has adopted a Comprehensive Plan and Map and isexercising the special powers authorized by Division 12 of Article 11 of the IllinoisMunicipal Code as now or hereafter amended.I further certify that the platted lands do not border on or include any public waters ofthe state in which the state has property rights or interests.I further certify that this professional service conforms to the current Illinois standardsfor a Boundary Survey.All dimensions are given in feet and decimal parts thereof and are correct at 62°Fahrenheit.Given under my Hand and Seal this____day of____________, A.D.2019.___________________________________________Illinois Professional Land Surveyor 2967exp. 11-30-20State of IllinoisCounty of DuPage}S.S.Approved by the City Administrator of the United City of Yorkville, Illinois this______ day of __________________, A.D., 2019.___________________________City AdministratorState of IllinoisCounty of Kendall}S.S.I, _____________, City Engineer for the United City of Yorkville, do herebycertify that the required improvements have been installed or the requiredguarantee collateral has been posted for the completion of all requiredimprovements.Given at Yorkville, Illinois this___day of___________, A.D.2019__________________________City EngineerState of IllinoisCounty of Kendall}Approved and accepted by the Mayor and the City Council of the United Cityof Yorkville, Illinois, this ________ day of _________, 2019._________________________ ___________________________Mayor City ClerkState of IllinoisCounty of Kendall}I, _________________________, County Clerk in Kendall County, Illinois, do herebycertify that there are no delinquent general taxes, no unpaid current general taxes, nounpaid forfeited taxes, and no redeemable tax sales against any of the land included in theannexed plat. I further certify that I have received all statutory fees in connection withthe annexed plat. Given under my hand and seal of the County at Yorkville, Illinois this_____ day of _________________, A.D., 2019.__________________________County ClerkState of IllinoisCounty of Kendall}S.S.This Instrument No. _________________, was filed for record in the Recorder's Officeof Kendall County, Illinois, on the ______ day of __________, 2007 at ______O'Clock___ .M. and was recorded in Plat Envelope No. _______________________.Given under my hand and seal of the County at Yorkville, Illinois this _____ day of_________________, A.D., 2019.__________________________County RecorderState of IllinoisCounty of Kendall}S.S.