Zoning Board of Appeals Minutes 2010 04-07-10
APPROVED 7/7/10
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, April 7, 2010, 7pm
Yorkville Library Historic Room
902 Game Farm Road
Board Members in Attendance
Jeff Baker, Chairman Mike Skinner
Chris Funkhouser Charlie Walker
Corey Johnson Don Hirsch
Absent: Ryan Woods
Other City Officials In Attendance
Bart Olson, City Administrator
Laura Schraw, Interim Community Development Director
Paul Zabel, Code Official
Other Guests
Dan Kramer, Attorney Mark Johnson
Lynn Dubajic, YEDC Sandra & Verne Henne, Esmer Capital Mgmt.
Kishor Patel, Hampton Inn Nitin Patel, Yorkville Hospitality
Joe Sheffer, Yorkville Hospitality
Meeting Called to Order
Chairman Jeff Baker called the meeting to order at 7:00pm.
Roll Call
Roll call was taken and a quorum was established. New Board member Don Hirsch was
welcomed to the committee.
Previous Meeting Minutes
February 3, 2010
A motion was made by Corey Johnson and seconded by Mike Skinner to approve the
minutes as read. Unanimously approved on voice vote.
Public Hearing
Chairman Baker swore in those who would speak at the Public Hearings.
1.ZBA 2009-05 Esmer Capital Management filed an application with the City
of Yorkville requesting a variance to City Code, Title 8, Chapter 11, Section
11-D to add a 32 sq. ft. reader board beneath an existing sign measuring 92.8
sq. ft. The legal conforming size of a sign in the zoning district is 32 sq. ft
and a message board should measure no more than 50% of the total square
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footage of the sign. The property consists of 1 acre at 1201 N. Bridge St.,
Yorkville.
A motion was made by Skinner and seconded by Johnson to enter into this Public
Hearing. Roll call vote: Hirsch-yes, Walker-yes, Skinner-yes, Johnson-yes, Funkhouser-
yes, Baker-yes. Unanimous approval.
Attorney Dan Kramer represented the petitioner—Esmer Capital Management, owner of
the property in the petition. He asked the Board to adopt the minutes from the February
2010 meeting as part of the record, at which time the petitioner also appeared at this
meeting. He said this appearance is a clean-up of the sign height and the City asked that
a request for a variance include not only the readerboard, but also the height and square
footage on the overall sign. He said the sign has been there 15 years. He noted that this
matter must also go to the City Council.
YEDC Director Lynn Dubajic spoke on behalf of the petitioner and said that many small
businesses need City assistance at this time. These businesses are set back from the road
and additional exposure would be very beneficial.
Board member Johnson asked if this request should be a 3-part variance or be placed all
together. Chairman Baker said all requests should be together.
A motion was made by Skinner and seconded by Johnson to close the Public Hearing.
Discussion
Mr. Hirsch commented that there is actually less square footage for this sign, than what
could have been requested. He said the message would only change 1-2 times per day.
Skinner noted there could have been 7 signs since there are 7 businesses. At the time of
the annexation agreement, it stated there could only be 1 sign. Mr. Walker questioned
why there were 6 tenants and only 4 signs. Some tenants do not want a sign.
Mr. Skinner said the agreement started on April 14, 2008 and limits it to 20 years with no
provisions for changing the existing sign. Kramer said that if there any special
agreements and they are not taken advantage of within 20 years, the annexation and
zoning still prevail, but the special agreement is terminated.
Chairman Baker reviewed the Finding of Fact and Sign Variations for this case.
Mr. Skinner the made a motion to approve ZBA 2009-5 sign variation request from
Esmer Capital. Hirsch seconded the motion.
Discussion
Skinner said there are 3 points to be considered: size of sign, height of sign and the
flashing sign. He suggested addressing and recommending each one since 2 of the
components are outside the ZBA authority. Chairman Baker said that based on past
discussions, the only item to consider is the readerboard. Funkhouser said the addition
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of the readerboard brings the other 2 items into play based on the ordinance requiring
them to be brought into conformance.
A vote was then taken on the motion:
Roll call vote: Funkhouser-yes, Johnson-no, Skinner-no, Walker-no, Hirsch-yes, Baker-
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yes. Motion failed 3-3. This matter will now go to the City Council on April 13.
2. ZBA 2010-01 Yorkville Hospitality, petitioner, has filed an application
requesting a variance to City Code Title 8, Chapter 11, Section 9.A.1 to allow
the maximum sign height to be 12’6” above grade. The legal conforming
height of a sign in the zoning district is 8’ or less. The real property consists of
approximately 1.94 acres at 310 E. Countryside Parkway.
A motion was made by Johnson and seconded by Walker to enter into this Public
Hearing. Approved unanimously on a voice vote.
Mr. Patel presented information about the Hampton Inn being built at 310 E. Countryside
Parkway. He requested a variance to erect a sign 12’6” from top to bottom making the
sign more visible. He said the property was purchased in 2008 and construction started
this year. The nearby office building (Dr. Gruber) was already built. Chris Funkhouser
asked about the actual height of the building and it is 55’ at the highest point. There will
also be a sign on the building.
Lynn Dubajic added that many people might not be familiar with Yorkville and there is
no clear path to the hotel.
The Public Hearing was concluded on a motion by Johnson and second by Skinner.
Chairman Baker reviewed the Finding of Fact and Sign Variations.
Skinner then made a motion to hold a closed hearing and Johnson seconded the motion.
This motion died on the floor.
Discussion
There was further discussion of the height of the sign and the sign on the building.
Skinner noted that the sign would be visible over the Rec Center and is contrary to the
ordinance. However, Mr. Patel said this is a directional sign.
A motion was then made by Johnson to approve ZBA 2010-01 as presented by Mr. Patel.
Skinner seconded the motion.
Roll call vote: Johnson-no, Skinner-no, Walker-no, Hirsch-no, Funkhouser-no, Baker-
no. Motion failed 0-6.
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This matter will move to the City Council on April 13.
Additional Business:
Laura Schraw presented information on the future Rt. 47 road-widening project. IDOT
will have a choice of either just moving the existing signs or bringing them into
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conformance during the move. She said it was the consensus of the EDC to bring them
into conformance. IDOT will pay for the conformance and is obtaining estimates.
Mr. Walker suggested that business owners should be informed of this action to avoid the
cost of changing their signs. If a new sign is desired, IDOT will build.
There was no further business and Mr. Walker moved to adjourn the meeting and the
motion was seconded by Mr. Skinner. Adjourned at 8:08pm on a voice vote.
Minutes respectfully submitted by
Marlys Young
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