Planning and Zoning Commission Packet 2022 11-09-22
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, November 9, 2022
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: October 12, 2022
Citizen’s Comments
--------------------------------------------------------------------------------------------------------------------
Public Hearings
1. PZC 2022-18 Greg Groat, Correct Digital Displays, Inc., petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting sign variance approval to permit a
building mounted sign to be larger than the maximum permitted sign area, wider than the maximum
permitted sign width, and to allow the sign to be closer than one (1) foot from a vertical or horizontal
edge of the wall to which the sign is affixed. The real property is generally located northeast of the
North Bridge Street (Route 47) and East Main Street intersection.
Unfinished Business
New Business
1. PZC 2022-19 Greg Groat, Correct Digital Displays, Inc., petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting sign variance approval to permit a
building mounted sign to be larger than the maximum permitted sign area, wider than the maximum
permitted sign width, and to allow the sign to be closer than one (1) foot from a vertical or horizontal
edge of the wall to which the sign is affixed. The real property is generally located northeast of the
North Bridge Street (Route 47) and East Main Street intersection.
2. PZC 2022-21 Donald Smith, petitioner, is requesting a variance to encroach into the required front
yard in the County’s R-3 One Family Residential Zoning District. The petitioner is seeking to
construct a garage addition onto the front of his house which would encroach the fifty foot (50’)
required front yard setback by twenty feet (20’) resulting in a thirty foot (30’) front yard. The real
property is located at 505 E Spring Street which is generally located at the northeast corner of the
McHugh Road and E Spring Street intersection.
Additional Business
Adjournment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
DRAFT
Page 1 of 3
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, IL
Wednesday, October 12, 2022 7:00pm
NOTE: In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by
Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency
Management Agency Act, the City of Yorkville is allowing remote attendance at this meeting. Social
distancing is being encouraged due to the ongoing Covid-19 pandemic.
All attendees were in-person.
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
Greg Millen-yes, Jeff Olson-yes, Richard Vinyard-yes, Danny Williams-yes
Absent: Deborah Horaz, Rusty Hyett
City Staff
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Senior Planner
Other Guests
Jennifer Lunn, Countryside Subdivision
Jordan Gash, Restore Church
Previous Meeting Minutes August 10, 2022
The minutes were approved as presented on a motion and second by Commissioners Williams and
Vinyard, respectively.
Roll call: Olson-yes,Vinyard-yes, Williams-yes, Millen-yes. Carried 4-0.
Citizen’s Comments
Jennifer Lunn said she resides in Countryside and with the rapid growth in her area, there is increased
traffic and includes drivers of all ages. Drivers use it as a cut-through to avoid the intersection of 34
and 47 and it continues to get worse.
Public Hearing
Chairman Olson explained the Public Hearing procedure and swore in one person, Jordan Gash. The
Public Hearing was opened at 7:03pm on a motion and second by Commissioners Vinyard and
Williams, respectively.
Roll call: Vinyard-yes, Williams-yes, Millen-yes, Olson-yes. Carried 4-0.
Page 2 of 3
Mr. Olson then read the description of the petition as follows:
1. PZC 2022-19 Jordan Gash, on behalf of Restore Church, Inc., petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning
classification of three (3) parcels totaling approximately 34
acres located at 8710 Route 71 in Yorkville, Illinois. The real property, situated east of
Illinois State Route 71 and Illinois State Route 126 intersection on the northeast corner of Wing
Road and Illinois State Route 71, is part of the previously approved Windmill Farms Annexation
Agreement. The petitioner is seeking to rezone from the Planned Unit Development (PUD) zoning
designation to the B-3 General Business District to continue to operate the existing religious
institution land use and accommodate future commercial development.
Ms. Barksdale-Noble provided background for this petition. There are 3 parcels totaling about 33-34
acres in the Windmill Farms Development which is defunct. (Other petitioners have recently come
before this Commission to remove themselves from the obligations of this planned development).
Restore Church has a religious land use in place with an existing structure for a church. They have
built a detention area and parking lot and now want to expand the church and parking. This triggered
the need to amend the Comp Plan and rezone the property. Currently the zoning is B-3 and R-4 and
they are requesting to be solely B-3. If they move forward with rezoning, it will require changes to the
Comp Plan. Staff supports this request.
* The Findings of Fact and responses were requested to be entered into the record.
A motion was made and seconded at about 7:07pm by Mr. Vinyard and Mr. William, respectively, to
close the Hearing. Roll call: Williams-yes, Millen-yes, Olson-yes, Vinyard-yes. Carried 4-0.
Unfinished Business None
New Business
1. PZC 2022-19 Restore Church (see above Public Hearing for full description)
Action Item
Rezoning Request
Mr. Olson read the Findings of Fact. There was no further discussion and it was moved and seconded
by Commissioners Williams and Vinyard to recommend approval of the rezoning request. The motion
was read as follows by Mr. Williams: In consideration of testimony presented during a Public Hearing
on October 12, 2022 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 following
parcels: 05-03-300-029; 05-03-300-031; and 05-03-300-033 from Planned Unit Development (PUD)
to B-3 General Business District.
Roll call: Millen-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried 4-0.
Page 3 of 3
Additional Business
1. City Council Action Updates
Ms. Barksdale-Noble very briefly recapped the City Council approval of recent requests which had
come before the PZC.
2. Aging in Community – Lifecycle Living Workshop
Ms. Barksdale-Noble said the city held a workshop in September on how the city views future
developments with regards to an aging population. She said older residents are finding it difficult to
maintain their homes, find affordable housing or downsize. A grant was awarded through C-MAP and
the Mayor's Caucus which staff is part of and this evaluation is being done with each town in the
Caucus. Information has been gathered from residents and staff from which staff hopes to establish
some concrete steps. A second workshop will be held on October 20 from 3-5pm and public officials
will be on hand to hear the feedback. The workshop is for residents, caretakers or any interested
persons.
Adjournment
There was no further business and the meeting was adjourned at 7:13pm on a motion by Mr. Williams
and second by Mr. Vinyard followed by a unanimous voice vote.
Respectfully submitted by
Marlys Young, Minute Taker
REQUEST SUMMARY:
The petitioner, Greg Groat on behalf Hari Om LLC dba Cork Keg & Liquor, is seeking sign variance
approval to permit a building mounted sign to be erected which exceeds the maximum area and maximum
width of a sign, as well as being located closer to a horizontal and vertical edge of the wall to which it is
affixed as stated in Section 10-20-9-A-2a(1) of the Yorkville Municipal Code. The real property is located
at 302 N Bridge Street at the northeast corner of Bridge Street (State Route 47) and E Main Street
intersection in Yorkville, Illinois.
The proposed building mounted sign was installed in April 2022 without a building permit. Once the
owner was made aware that a building permit was required, they submitted an application which was
denied in May 2022. It was denied due to the sign being larger than the maximum allowable size, too
wide for the wall to which it was affixed and was located too close to the wall edges. The owner was
given the opportunity to move the sign to a different wall where it would conform to the City’s
ordinances or apply for a variance. The owner has decided to apply for a sign variance to keep the sign at
its current location.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
Krysti Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: November 2, 2022
Subject: PZC 2022-18 Cork Keg & Liquor (Sign Variance)
PROPERTY SUMMARY:
The subject property is currently zoned as B-2 Retail Commerce Business District. The following are the
current immediate surrounding zoning and land uses:
Zoning Land Use
North B-2 Retail Commerce Business District Commercial Business
East R-2 Single-Family Traditional Residence District Detached Homes
South OS-1 Open Space (Passive) District Ron Clark Park
West OS-1 Open Space (Passive) District Town Square Park
The property is located at the northeast corner of the Bridge Street and E Main Street intersection. The
land use has been a retail store selling alcohol since 2015 and is a permitted use within this zoning
district.
BACKGROUND:
The owner of the business changed the name from “OMG Liquors” to “Cork Keg & Liquors” in the
spring of 2022. The owner refaced the existing monument sign at the northwest corner of the property and
removed the main building mounted sign on the front of the structure and replaced it with a larger sign. In
April, Yorkville’s Code Enforcement Officer noticed the new signs being installed and notified the
installer and owner that a building permit was required prior to installation. The sign company, Correct
Digital Displays, finished installing the sign as it was already almost complete and then submitted a
building permit application the same day.
The application for the building mounted sign did not meet the standards set forth in the Yorkville Zoning
Ordinace and was denied. As stated in Section 10-20-9-A-2:
2. Building-mounted business/identification signs:
a. Single use building:
(1) A business having a public entrance in an exterior building wall or having
an exterior wall facing a public right-of-way shall be permitted to have
building-mounted identification signage or building-mounted business
signage for each exterior wall of that part of the building in which it is
located, provided said wall contains a public entrance or faces a public
right-of-way. The maximum area of such sign shall not exceed two (2)
square feet for each one (1) linear foot of the exterior wall of the building.
No wall sign shall extend more than seventy-five percent (75%) of the
width of the exterior wall to which it is attached and shall be no closer than
one foot (1') from the vertical or horizontal edge of any wall to which it is
affixed. The business cannot transfer sign area between its adjoining
exterior walls.
OMG Liquor Signage
Cork Keg & Liquors Signage
The table below illustrates the differences between the requested sizes and distances versus the zoning
ordinance’s requirements:
Proposed
Sign
Permitted
Maximum Difference Percentage
Change
Sign Area 36.5 sq. ft. 20.9 sq. ft. 15.6 sq. ft. 74.6%
Sign Width 10 ft. 7.8 ft. 2.2 ft. 28.2%
Distance to vertical edge < 3 in. 12 in. (min.) ~ 9 in. 75%
The sign permit application was denied as it did not
meet the three standards listed in the table above.
The plat of survey indicates the length of the wall to
which the sign is affixed is 10.45 linear feet.
Therefore, a sign may be a maximum on 20.9 square
feet in area and a maximum of 7.8 feet in length on
this wall.
It should be noted that the previous OMG Liquor
sign was permitted and approved in 2015, but this
new sign is not permitted due to a text amendment to
the zoning ordinance in 2018 (Ord. 2018-57) which
states:
“Building-mounted wall sign area calculations are
based on each wall of an exterior building facing a
lot line and a public right-of-way. An exterior
building wall which faces a lot line may contain
more than a single wall for sign area calculation
purposes. If portions of the exterior building wall
face the same lot line and are separated by four feet
(4') or more in depth from that lot line, then they
are considered two (2) separate walls for sign area
calculation purposes. If separated by less than four
feet (4') they shall be considered a single exterior
building wall for sign area calculation purposes.”
Cork Keg & Liquors Dimensions Plat of Survey – Building Dimensions
Exhibit from Zoning Ordinance – Sign Area
Therefore, since this wall extends 9 feet from the
front façade of the building, the 10.45 foot length
of the wall is used to calculate this sign’s
maximum area. For the previous sign, the entire
front façade was used to calculate sign area for a
building mounted sign which resulted in the OMG
Liquor approval.
The 2018 text amendment was in response to a
different sign that touched the vertical and
horizontal edges of a wall on a building with
many architectural features. Since the language
within the code was vague on how to measure
in the presence of architectural features and did
not define “wall”, the new code was amended to
define these improvements in order to enhance
the appearance of signs within the community
and to limit sign clutter.
PROPOSED REQUEST:
The petitioner is requesting relief from the City’s Sign Ordinance to keep this building mounted sign to be
larger in area, wider in length, and closer to the vertical edge of a wall as stated in Section 10-20-9-A-2.
The petitioner has stated that the structure itself limits the locations where this building mounted sign may
be located. They have stated that the wall north of the vestibule may have enough space for this sign but
the vestibule blocks the view of this sign from northbound traffic along Route 47. Additionally, it is stated
that the sign was made so large to attract drivers who are typically driving 40-45 miles per hour along
Route 47.
It should be noted that the business has a permitted monument sign along Route 47 and that the posted
speed limit for this road is 35 miles per hour.
STANDARDS FOR GRANTING A VARIANCE:
The Petitioner’s request for relief of the Zoning Ordinance regulations are based 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.
In addition to the procedures and standards listed above regarding variations from the requirements, the
following factors regarding sign variance requests apply:
1. If the sign was erected legally with a sign permit.
2. If there are any unique physical characteristics of the property.
3. If there are limited available locations for signage on the property.
4. The cost to the applicant of complying with the requirements of this chapter.
5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit.
6. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day.
7. If the sign would be blocked by existing or required landscaping.
8. If it is a wall sign facing a public right of way without a public entrance.
PROPOSED MOTION:
In consideration of testimony presented during a Public Hearing on November 9, 2020 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-1 of the United City of Yorkville Zoning
Ordinance to permit a building mounted sign to be erected which exceeds the maximum sign area,
maximum sign width, and be located closer than one foot from a horizontal and vertical edge of the
wall to which it is affixed at the property commonly known as 302 N Bridge Street as stated in a staff
memorandum dated November 2, 2022 and further subject to {insert any additional conditions from the
Planning and Zoning Commission}…
ATTACHMENTS:
1. Application for Sign Variance
2. Sign Variance Application with Exhibits
3. Building Permit Application with Exhibits and Correspondence
4. Economic Development Committee Memorandum (9-29-22)
THE SOUTH 55.0 FEET OF LOT 4. ALL OF LOT 5 AND PART OF LOT 6 IN BLOCK 16 OF THE ORIGINAL TOWN
OF BRISTOL, NOW THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 04 DEGREES 15 MINUTES 31
SECONDS EAST, ALONG THE WEST LINE OF SAID LOTS 4, 5 AND 6, A DISTANCE OF 215.21 FEET TO A POINT
55.0 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 4: THENCE SOUTH 85 DEGREES 45 MINUTES 49
SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 159.51 FEET TO THE EAST
LINE OF SAID LOT 4; THENCE SOUTH 04 DEGREES 22 MINUTES 13 SECONDS WEST, ALONG THE EAST LINE
OF SAID LOTS 4, 5 AND 6, A DISTANCE OF 136.72 FEET TO THE NORTHEAST CORNER OF A TRACT
CONVEYED TO KIMBERLY AND ROBERT TICER BY DEED RECORDED AS DOCUMENT NO. 9803243 ON
MARCH 20, 1998; THENCE NORTH 85 DEGREES 45 MINUTES 43 SECONDS WEST, ALONG THE NORTH LINE
OF SAID TICER TRACT, 59.0 FEET; THENCE SOUTH 04 DEGREES 22 MINUTES 13 SECONDS WEST, ALONG A
WEST LINE OF SAID TICER TRACT, 18.50 FEET; THENCE NORTH 85 DEGREES 45 MINUTES 43 SECONDS
WEST, ALONG A NORTH LINE OF SAID TICER TRACT AND SAID NORTH LINE EXTENDED, 53.69 FEET TO THE
WEST LINE OF A TRACT CONVEYED TO ARNOLD AND BEVERLY BITTERMAN (AS SAID LINE IS MONUMENTED
AND OCCUPIED) BY WARRANTY DEED RECORDED AS DOCUMENT NO. 917423 ON OCTOBER 22, 1991;
THENCE SOUTH 04 DEGREES 14 MINUTES 17 SECONDS WEST, ALONG SAID WEST LINE OF SAID
BITTERMAN TRACT (AS MONUMENTED AND OCCUPIED), 60.0 FEET TO THE SOUTH LINE OF SAID LOT 6;
THENCE NORTH 85 DEGREES 45 MINUTES 43 SECONDS WEST, ALONG SAID SOUTH LINE, 46.55 FEET TO
TIIE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART OF THE LAND TAKEN FOR ROAD), ALL IN
TIIE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
REQUEST SUMMARY:
The petitioner, Greg Groat on behalf Hari Om LLC dba Cork Keg & Liquor, is seeking sign variance
approval to permit a building mounted sign to be erected which exceeds the maximum area and maximum
width of a sign, as well as being located closer to a horizontal and vertical edge of the wall to which it is
affixed as stated in Section 10-20-9-A-2a(1) of the Yorkville Municipal Code. The real property is
generally located at the northeast corner of Bridge Street (State Route 47) and E Main Street intersection
in Yorkville, Illinois.
The proposed building mounted sign was installed in April 2022 without a building permit. Once the
owner was made aware that a building permit was required, they submitted an application which was
denied in May 2022. It was denied due to the sign being larger than the maximum allowable size, too
wide for the wall to which it was affixed and was located too close to the wall edges. The owner was
given the opportunity to move the sign to a different wall where it would conform to the City’s
ordinances or apply for a variance. The owner has decided to apply for a sign variance to keep the sign at
its current location.
Memorandum
To: Economic Development Committee
From: Jason Engberg, Senior Planner
Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: September 29, 2022
Subject: PZC 2022-18 Cork Keg & Liquor (Sign Variance)
PROPERTY SUMMARY:
The subject property is currently zoned as B-2 Retail Commerce Business District. The following are the
current immediate surrounding zoning and land uses:
Zoning Land Use
North B-2 Retail Commerce Business District Commercial Business
East R-2 Single-Family Traditional Residence District Detached Homes
South OS-1 Open Space (Passive) District Ron Clark Park
West OS-1 Open Space (Passive) District Town Square Park
The property is located at the northeast corner of the Bridge Street and E Main Street intersection. The
land use has been a retail store selling alcohol since 2015 and is a permitted use within this zoning
district.
BACKGROUND:
The owner of the business changed the name from “OMG Liquors” to “Cork Keg & Liquors” in the
spring of 2022. The owner refaced the existing monument sign at the northwest corner of the property and
removed the main building mounted sign on the front of the structure and replaced it with a larger sign. In
April, Yorkville’s Code Enforcement Officer noticed the new signs being installed and notified the
installer and owner that a building permit was required prior to installation. The sign company, Correct
Digital Displays, finished installing the sign as it was already almost complete and then submitted a
building permit application the same day.
The application for the building mounted sign did not meet the standards set forth in the Yorkville Zoning
Ordinace and was denied. As stated in Section 10-20-9-A-2:
2. Building-mounted business/identification signs:
a. Single use building:
(1) A business having a public entrance in an exterior building wall or having
an exterior wall facing a public right-of-way shall be permitted to have
building-mounted identification signage or building-mounted business
signage for each exterior wall of that part of the building in which it is
located, provided said wall contains a public entrance or faces a public
right-of-way. The maximum area of such sign shall not exceed two (2)
square feet for each one (1) linear foot of the exterior wall of the building.
No wall sign shall extend more than seventy-five percent (75%) of the
width of the exterior wall to which it is attached and shall be no closer than
one foot (1') from the vertical or horizontal edge of any wall to which it is
affixed. The business cannot transfer sign area between its adjoining
exterior walls.
OMG Liquor Signage
Cork Keg & Liquors Signage
The table below illustrates the differences between the requested sizes and distances versus the zoning
ordinance’s requirements:
Proposed
Sign
Permitted
Maximum Difference Percentage
Change
Sign Area 36.5 sq. ft. 20.9 sq. ft. 15.6 sq. ft. 74.6%
Sign Width 10 ft. 7.8 ft. 2.2 ft. 28.2%
Distance to vertical edge < 3 in. 12 in. (min.) ~ 9 in. 75%
The sign permit application was denied as it did not
meet the three standards listed in the table above.
The plat of survey indicates the length of the wall to
which the sign is affixed is 10.45 linear feet.
Therefore, a sign may be a maximum on 20.9 square
feet in area and a maximum of 7.8 feet in length on
this wall.
It should be noted that the previous OMG Liquor
sign was permitted and approved in 2015, but this
new sign is not permitted due to a text amendment to
the zoning ordinance in 2018 (Ord. 2018-57) which
states:
“Building-mounted wall sign area calculations are
based on each wall of an exterior building facing a
lot line and a public right-of-way. An exterior
building wall which faces a lot line may contain
more than a single wall for sign area calculation
purposes. If portions of the exterior building wall
face the same lot line and are separated by four feet
(4') or more in depth from that lot line, then they
are considered two (2) separate walls for sign area
calculation purposes. If separated by less than four
feet (4') they shall be considered a single exterior
building wall for sign area calculation purposes.”
Cork Keg & Liquors Dimensions Plat of Survey – Building Dimensions
Exhibit from Zoning Ordinance – Sign Area
Therefore, since this wall extends 9 feet from the
front façade of the building, the 10.45 foot length
of the wall is used to calculate this sign’s
maximum area. For the previous sign, the entire
front façade was used to calculate sign area for a
building mounted sign which resulted in the OMG
Liquor approval.
The 2018 text amendment was in response to a
different sign that touched the vertical and
horizontal edges of a wall on a building with
many architectural features. Since the language
within the code was vague on how to measure
in the presence of architectural features and did
not define “wall”, the new code was amended to
define these improvements in order to enhance
the appearance of signs within the community
and to limit sign clutter.
PROPOSED REQUEST:
The petitioner is requesting relief from the City’s Sign Ordinance to keep this building mounted sign to be
larger in area, wider in length, and closer to the vertical edge of a wall as stated in Section 10-20-9-A-2.
The petitioner has stated that the structure itself limits the locations where this building mounted sign may
be located. They have stated that the wall north of the vestibule may have enough space for this sign but
the vestibule blocks the view of this sign from northbound traffic along Route 47. Additionally, it is stated
that the sign was made so large to attract drivers who are typically driving 40-45 miles per hour along
Route 47.
It should be noted that the business has a permitted monument sign along Route 47 and that the posted
speed limit for this road is 35 miles per hour.
STANDARDS FOR GRANTING A VARIANCE:
The Petitioner’s request for relief of the Zoning Ordinance regulations are based 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.
In addition to the procedures and standards listed above regarding variations from the requirements, the
following factors regarding sign variance requests apply:
1. If the sign was erected legally with a sign permit.
2. If there are any unique physical characteristics of the property.
3. If there are limited available locations for signage on the property.
4. The cost to the applicant of complying with the requirements of this chapter.
5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit.
6. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day.
7. If the sign would be blocked by existing or required landscaping.
8. If it is a wall sign facing a public right of way without a public entrance.
STAFF COMMENTS:
As with all enforcement efforts, the mayor has been made aware of this sign variance request and
expressed a willingness to become more “business friendly” to commercial uses regarding code
compliance. Mayor Purcell also stressed that while staff works towards updating our development
ordinances through the Unified Development Ordinance process, an evaluation of current standards and
regulations that may require tweaking to reduce the number of code violations and ultimately variances,
should be taken into consideration. Specifically, he is interested in loosening the regulations related to
current standards applicability to older signs (i.e., increasing legal non-conforming provisions that would
allow an existing business to replace or maintain a sign that is legally nonconforming without bringing
that sign into conformance with current standards). Rather than change the code to make this type of a
sign explicitly allowed by altering the sign standards, he would prefer a variance or related authorization
be granted by the City Council.
Therefore, in terms of a variance for this particular application, the preponderance of the standards
according to historic and current case law to merit a sign variance have not been met since it is possible
for an appropriately scaled sign to be purchased anew and installed on the proposed wall or the already
installed sign may be relocated to another part of the façade even if the sign would not be as visible to
motorists and pedestrians. The intent of the 2018 text amendment was to prevent the oversizing of signs
on commercial properties and to maintain a cohesive signage throughout the community.
The proposed request is scheduled for Planning and Zoning Commission public hearing review on
November 9, 2022. A recommendation will be forwarded to the City Council for consideration at the
November 22, 2022, regularly scheduled meeting. Staff is seeking input and comments from the
Economic Development Committee.
ATTACHMENTS:
1. Sign Variance Application with Exhibits
2. Building Permit Application with Exhibits and Correspondence
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING & ZONING COMMISSION
PZC 2022-18
NOTICE IS HEREWITH GIVEN THAT Greg Groat, Correct Digital Displays, Inc., petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting sign variance approval to
permit a building mounted sign to be larger than the maximum permitted sign area, wider than the maximum
permitted sign width, and to allow the sign to be closer than one (1) foot from a vertical or horizontal edge of
the wall to which the sign is affixed as stated in Section 10-20-9-A-2. The real property is generally located
northeast of the North Bridge Street (Route 47) and East Main Street intersection.
The legal description is as follows:
THE SOUTH 55.0 FEET OF LOT 4. ALL OF LOT 5 AND PART OF LOT 6 IN BLOCK 16 OF THE
ORIGINAL TOWN OF BRISTOL, NOW THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6; THENCE
NORTH 04 DEGREES 15 MINUTES 31 SECONDS EAST, ALONG THE WEST LINE OF SAID LOTS 4, 5
AND 6, A DISTANCE OF 215.21 FEET TO A POINT 55.0 FEET NORTH OF THE SOUTHWEST CORNER
OF LOT 4: THENCE SOUTH 85 DEGREES 45 MINUTES 49 SECONDS EAST, PARALLEL WITH THE
SOUTH LINE OF SAID LOT 4, A DISTANCE OF 159.51 FEET TO THE EAST LINE OF SAID LOT 4;
THENCE SOUTH 04 DEGREES 22 MINUTES 13 SECONDS WEST, ALONG THE EAST LINE OF SAID
LOTS 4, 5 AND 6, A DISTANCE OF 136.72 FEET TO THE NORTHEAST CORNER OF A TRACT
CONVEYED TO KIMBERLY AND ROBERT TICER BY DEED RECORDED AS DOCUMENT NO.
9803243 ON MARCH 20, 1998; THENCE NORTH 85 DEGREES 45 MINUTES 43 SECONDS WEST,
ALONG THE NORTH LINE OF SAID TICER TRACT, 59.0 FEET; THENCE SOUTH 04 DEGREES 22
MINUTES 13 SECONDS WEST, ALONG A WEST LINE OF SAID TICER TRACT, 18.50 FEET; THENCE
NORTH 85 DEGREES 45 MINUTES 43 SECONDS WEST, ALONG A NORTH LINE OF SAID TICER
TRACT AND SAID NORTH LINE EXTENDED, 53.69 FEET TO THE WEST LINE OF A TRACT
CONVEYED TO ARNOLD AND BEVERLY BITTERMAN (AS SAID LINE IS MONUMENTED AND
OCCUPIED) BY WARRANTY DEED RECORDED AS DOCUMENT NO. 917423 ON OCTOBER 22, 1991;
THENCE SOUTH 04 DEGREES 14 MINUTES 17 SECONDS WEST, ALONG SAID WEST LINE OF SAID
BITTERMAN TRACT (AS MONUMENTED AND OCCUPIED), 60.0 FEET TO THE SOUTH LINE OF
SAID LOT 6; THENCE NORTH 85 DEGREES 45 MINUTES 43 SECONDS WEST, ALONG SAID SOUTH
LINE, 46.55 FEET TO TIIE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART OF THE
LAND TAKEN FOR ROAD), ALL IN TIIE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
PIN: 02-33-105-010
Address: 302 N Bridge Street
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, November 9, 2022 at 7:00 pm 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.
Jori Behland
Deputy City Clerk
Sold To:
United City of Yorkville - CU00410749
800 Game Farm Rd
Yorkville,IL 60560-1133
Bill To:
United City of Yorkville - CU00410749
800 Game Farm Rd
Yorkville,IL 60560-1133
Certificate of Publication:
Order Number: 7309456
Purchase Order: Sign Variance Pub Hearing
State of Illinois - Kendall
Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The
The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50)
weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of
Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a
newspaper as defined by 715 IL CS 5/5.
This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The
Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice
was made in the newspaper, dated and published on 10/21/2022, and the last publication of the notice
was made in the newspaper dated and published on 10/21/2022.
This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1.
PUBLICATION DATES: Oct 21, 2022.
___________________________________________________________________________________
The Beacon-News
In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed
in Chicago, Illinois on this
22nd Day of October, 2022, by
Chicago Tribune Media Group
Jeremy Gates
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
SUMMARY:
Staff has reviewed a request from Kendall County Planning and Zoning Department along with the
subsequent documents attached. This property is located within one and a half miles of the planning
boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall
County. The petitioner, Donald Smith, is requesting a variance to encroach into the required front yard in
the County’s R-3 One Family Residential Zoning District. The petitioner is seeking to construct a garage
addition onto the front of his house which would encroach the fifty foot (50’) required front yard setback
by twenty feet (20’) resulting in a thirty foot (30’) front yard. The real property is located at 505 E Spring
Street which is generally located at the northeast corner of the McHugh Road and E Spring Street
intersection.
PROPERTY BACKGROUND:
The property is located at 505 E Spring Street in unincorporate Kendall County. The 0.76-acre property
contains an existing 1,305 square foot single-family detached house which was constructed in 1974. The
parcel is adjacent to incorporated Yorkville to the south of Spring Street and is in close proximity to
historic Bristol.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: October 31, 2022
Subject: PZC 2022-21– 505 E Spring Street 1.5 Mile Review (Variance)
REQUEST SUMMARY:
The petitioner is proposing several additions to the existing structure including a 1-story addition on the
west side of the house, a small expansion on the north side of the house, and a 3-car garage along the east
and south side of the house. The improvements along the west, north, and east elevations meet Kendall
County’s required setbacks for the R-3 One Family Residential Zoning District, but it encroaches the
required front yard setback. The County requires a minimum fifty foot (50’) front yard setback within this
district which the existing structure currently meets at approximately fifty-four feet (54’) from the front
property line.
The petitioner wants to construct a 1,157 square foot garage addition extending to the south of the
existing structure into the required front yard. The submitted plans indicate that this part of the addition
will extend twenty-two feet (22’) off the front façade of the house and is requesting a variance from the
County to reduce the required front yard setback from fifty feet (50’) to thirty feet (30’) to accommodate
the new garage.
ZONING ANALYSIS:
Due to the parcel’s close proximity to Yorkville’s municipal boundary and its potential for annexation in
the future, a review of nearby zoning district setbacks is needed to determine if the requested variance
will coincide with Yorkville’s districts. As seen in the map below, the majority of properties in Yorkville
near 505 E Spring Street are zoned R-2 Single-Family Traditional Residence District (R-2) followed by
some parcels to the northwest zoned R-1 Single-Family Suburban Residence District (R-1). The City’s
R-2 district requires a thirty foot (30’) front yard setback and the R-1 District requires a forty foot (40’)
front yard setback as stated in Section 10-7-1 of the Yorkville Municipal Code.
If the property was annexed into the City today, the lot and structure currently meet all minimum bulk
regulations in both the R-1 and R-2 Zoning Districts. If the variance is approved to allow a thirty foot
(30’) front yard setback, then the property will meet the requirements for the R-2 Zoning District only.
It is most likely that if and when the property is annexed into Yorkville, it will seek an R-2 zoning
designation regardless of the variance outcome as it provides more flexibility for future development and
is consistent with the closest neighboring parcels. Most notably, the property to the east at 509 E Spring
Street is similar in lot area and was annexed in 1990 and zoned R-2 which would allow this type of
addition outright. Therefore, the requested reduction in the front yard setback would not create any land
use or aesthetic inconsistencies if the parcel is annexed in the future.
YORKVILLE COMPREHENSIVE PLAN:
Yorkville’s 2016 Comprehensive Plan designation for this property is Suburban Neighborhood
Residential. This future land use is intended to provide detached single-family residential homes on larger
lots while encouraging neo-traditional subdivision design. This land use classification should feature
walkable neighborhoods that incorporate open space and appropriate linkages to surrounding areas.
The current land use of a detached single-family home on a three-quarter acre lot is consistent with
Yorkville’s Comprehensive Plan land use designation for this property. If approved, the proposed
variance does not alter the land use and maintains its consistency with the areas future land use plans.
STAFF COMMENTS
Staff has reviewed the request for variance and generally does not oppose the request. It will not affect the
most likely future zoning district (R-2) since it meets the current minimum bulk requirements of that
district. Additionally, the land use is consistent with the City’s Comprehensive Plan and the variance will
not affect the future use of the land as it will remain residential in nature.
Staff is seeking input from the Planning and Zoning Commission as the one-and-a-half-mile review
allows for the City to make comments and requests to the petitioner and County prior to their public
meetings. This review will also be brought to the City Council at the November 22, 2022 meeting. This
item was delivered to the City on October 4, 2022.
PROPOSED MOTION
In consideration of the proposed mile and half review of Kendall County Petition 22-21 for a variance
request to encroach the required front yard setback by twenty feet within the Kendall County R-3
Zoning District at the property commonly known as 505 E Spring Street, the Planning and Zoning
Commission recommends the City Council to (object or not to object) to the request.
ATTACHMENTS
1. Application with Attachments
ZBA Memo – Prepared by Matt Asselmeier – October 4, 2022 Page 1 of 4
DEPARTMENT OF PLANNING, BUILDING & ZONING
111 West Fox Street • Room 203
Yorkville, IL • 60560
(630) 553-4141 Fax (630) 553-4179 Petition 22-21
Donald Smith
Side Yard Setback Variance
INTRODUCTION
The Petitioner would like to construct an approximately one thousand one hundred fifty-seven (1,157) square
foot garage addition at the subject property. The garage would encroach twenty feet (20’) into the front yard
setback, thus reducing the setback from fifty feet (50’) to thirty feet (30’). Per Section 8:07.E.1 of Kendall
County Zoning Ordinance, the required front yard for this property is fifty feet (50’).
The application materials are included as Attachment 1. The site plan is included as Attachment 2. The floor
plan and elevations are included as Attachment 3. A picture of the subject property is included as Attachment
4. The topographic survey of the property is included Attachment 5. The aerial showing the zoning of
properties inside the United City of Yorkville is included as Attachment 6. The aerial showing the zoning of
properties in the unincorporated area is included as Attachment 7.
SITE INFORMATION
PETITIONER
Donald Smith
ADDRESS
505 E. Spring Street, Yorkville
LOCATION
North of the T-Intersection Created by Woodworth and E. Spring Street
TOWNSHIP
Bristol
PARCEL #S
02-33-201-001
LOT SIZE
0.76 +/- Acres
EXITING LAND
USE
Single-Family Residential
ZONING
R-3 One Family Residential District
LRMP
Current
Land Use
Single Family Residential
Future
Land Use
Suburban Residential (1.00 DU/Acre Max) (County)
Suburban Neighborhoods (Yorkville)
Roads E. Spring is maintained by the United City of Yorkville.
Trails None
Floodplain/
Wetlands
None
ZBA Memo – Prepared by Matt Asselmeier – October 4, 2022 Page 2 of 4
REQUESTED
ACTION
Variance to allow an attached garage to encroach approximately twenty feet (20’)
into the front yard setback, thus reducing the front yard setback from the required
fifty feet (50’) to thirty feet (30’)
APPLICABLE
REGULATIONS
§ 8:07.E.1. – Primary Structure Front Yard Setbacks on R-3 Zoned Property
§13:04 – Variation Procedures and Requirements
SURROUNDING LAND USE
Location Adjacent Land Use Adjacent Zoning LRMP Zoning within ½
Mile
North Single-Family
Residential
R-3 (County) Suburban Residential
(1.00 Max DU/Acre)
(County)
Suburban Neighborhoods
(Yorkville)
N/A
South Single-Family
Residential
R-2 (Yorkville) Suburban Neighborhoods
(Yorkville)
N/A
East Single-Family
Residential
R-3 (County) Suburban Residential
(County)
Suburban Neighborhoods
(Yorkville)
N/A
West Single-Family
Residential
R-3 (County) Suburban Residential
(County)
Suburban Neighborhoods
(Yorkville)
N/A
ZBA Memo – Prepared by Matt Asselmeier – October 4, 2022 Page 3 of 4
GENERAL INFORMATION
The subject parcel was created in March 1967.
The subject parcel has been zoned R-3 since 1974. The subject parcel is less than the required forty-five
thousand square (45,000) feet for R-3 zoned property.
The house on the property was constructed in 1974. The house is approximately one thousand three
hundred five (1,305) square feet in size.
Per the site plan (Attachment 2), the Petitioner plans to construct one (1) six hundred fifty (650) square foot
addition on the west side of the house, one (1) one hundred thirty-six (136) square foot addition on the north
side of the house, and one (1) one thousand one hundred fifty-seven (1,157) square foot addition on the east
and south side of the house. Per the floor plans and elevations (Attachment 3), the addition on the east and
south sides of the house will consist of a mud room, one (1) two (2) car garage, additional storage, and one
(1) one (1) car garage.
As noted in the picture of the house (Attachment 4), the existing garage is located on the southeast corner of
the house; the addition would be adjacent to the existing garage.
As noted in the site plan (Attachment 2), the existing septic field is located on the north side of the house.
Per the United City of Yorkville, the properties to the south are zoned R-2. The front yard setback for R-2
zoned properties inside the United City of Yorkville is thirty feet (30’).
BRISTOL TOWNSHIP
Bristol Township was emailed this proposal on October 4, 2022.
BRISTOL-KENDALL FIRE PROTECTION DISTRICT
The Bristol-Kendall Fire Protection District was emailed this proposal on October 4, 2022.
UNITED CITY OF YORKVILLE
The United City of Yorkville was emailed this proposal on October 4, 2022.
FINDINGS OF FACT
§ 13:04.A.3 of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to
grant variations. They are listed below in italics. Staff has provided findings in bold below based on the
recommendation:
That the particular physical surroundings, shape, or topographical condition of the specific property involved
would result in a particular hardship or practical difficulty upon the owner if the strict letter of the regulations
were carried out. The subject parcel was platted in 1967 and the existing house was constructed in
1974. The existing septic field is located north of the house. The existing garage is located on the
southeast corner of the house with an existing driveway between the garage and E. Spring Street.
The proposed addition, including the two (2) new garage areas, is logically placed on the property.
The proposed addition could not be constructed on the property in the size proposed without
encroaching into the front (south) yard property because of the configuration of the property and the
location of the house on the property.
That the conditions upon which the requested variation is based would not be applicable, generally, to other
property within the same zoning classification. The number of properties zoned R-3, platted in the 1960s,
not meeting the current minimum lot square footage requirement, with the type of configuration of
house location in relation to a septic system and an existing garage is unknown.
That the alleged difficulty or hardship has not been created by any person presently having an interest in the
property. The current owner did not plat the lot, construct the existing house, or install the existing
septic system. The current owner does wish to construct the proposed addition.
ZBA Memo – Prepared by Matt Asselmeier – October 4, 2022 Page 4 of 4
That the granting of the variation will not materially be detrimental to the public welfare or substantially
injurious to other property or improvements in the neighborhood in which the property is located. The
requested variance should not negatively impact any of the neighbors and will not be detrimental to
the public welfare or injurious to other property or improvements in the neighborhood.
That 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 of fire, or endanger the
public safety or substantially diminish or impair property values within the neighborhood. The requested
variance will not impair light reaching other properties, cause congestion on any public street, or
diminish or impair property values. Provided the addition is constructed following applicable building
codes, the variance will not increase the danger of fire or negatively impact public safety.
RECOMMENDATION
Staff recommends approval of the requested variance subject to the following conditions:
1. The site shall be developed substantially in accordance with the site plan (Attachment 2), proposed
elevation (Attachment 3, Page 3), and no part of the primary structure shall encroach within thirty feet
(30’) of the front (south) property line.
2. The owner of the property shall comply with all applicable federal, state, and local laws with regards to
constructing and/or renovating the structure(s) on the subject property.
3. This variance shall be treated as a covenant running with the land and is binding on the successors,
heirs, and assigns.
ATTACHMENTS
1. Application (Including Petitioner’s Findings of Fact)
2. Site Plan
3. Floor Plan and Elevations
4. House Picture
5. Topographic Survey
6. Yorkville Zoning Aerial
7. Kendall County Zoning Aerial
Attachment 1, Page 1
Attachment 1, Page 2
Renovation and Addition For:The Clark Family
505 E. Spring St.
Yorkville, IL 60560FILE AE: ̀̀RE9IE:E' %Y:REVISIONS:# DESCRIPTIONDATECLIENT: 'RA:1 %Y:SHEET NO.SEET TITLE:ᴀ.....0 .......... BClark ReVERC9ARIA1CE S8%0ITTAL0 CLIENT: ARCHITECT:24 N. BENNETT ST.GENEVA, IL 60134PHONE 630 608 0500FAX 630 786 3132PROFESSIONAL DESIGN FIRMNO. 184 005766A000SITE PLANAttachment 2
A100EXISITNG FLOOR PLANRenovation and Addition For:The Clark Family
505 E. Spring St.
Yorkville, IL 60560FILE AE: ̀̀RE9IE:E' %Y:REVISIONS:# DESCRIPTIONDATECLIENT: 'RA:1 %Y:SHEET NO.SEET TITLE:ᴀ.....0 .......... BClark ReVERC9ARIA1CE S8%0ITTAL0 CLIENT: ARCHITECT:24 N. BENNETT ST.GENEVA, IL 60134PHONE 630 608 0500FAX 630 786 3132PROFESSIONAL DESIGN FIRMNO. 184 005766Attachment 3, Page 1
A101FRIST FLOOR PLANRenovation and Addition For:The Clark Family
505 E. Spring St.
Yorkville, IL 60560FILE AE: ̀̀RE9IE:E' %Y:REVISIONS:# DESCRIPTIONDATECLIENT: 'RA:1 %Y:SHEET NO.SEET TITLE:ᴀ.....0 .......... BClark ReVERC9ARIA1CE S8%0ITTAL0 CLIENT: ARCHITECT:24 N. BENNETT ST.GENEVA, IL 60134PHONE 630 608 0500FAX 630 786 3132PROFESSIONAL DESIGN FIRMNO. 184 005766Attachment 3, Page 2
A200EXIST ELEVATIONPROPOSED ELEVATIONRenovation and Addition For:The Clark Family
505 E. Spring St.
Yorkville, IL 60560FILE AE: ̀̀RE9IE:E' %Y:REVISIONS:# DESCRIPTIONDATECLIENT: 'RA:1 %Y:SHEET NO.SEET TITLE:ᴀ.....0 .......... BClark ReVERC9ARIA1CE S8%0ITTAL0 CLIENT: ARCHITECT:24 N. BENNETT ST.GENEVA, IL 60134PHONE 630 608 0500FAX 630 786 3132PROFESSIONAL DESIGN FIRMNO. 184 005766Attachment 3, Page 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7