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Zoning Board of Appeals Minutes 2010 02-03-10 r APPROVED 4/7/10 UNITED CI'T'Y of YORKVILLE ZONING BOARD of APPEALS Wednesday, February 3#2010, 'gyp m Yorkville Library Historic loom 902 Carne Farm Road Board Members in Attendance Jeff`Baker, Chainnan Mike Skinner Chris Fun houser Charlie Walker Corey Johnson Absent: Ryan woods Hier i offic*als In Attendance w ---- ••ice Bart Olson, City Administrator Laura Schraw,, Interim Community Development Direetor Paul Zabel, Code Official Other Guests Dan Kramer Attorney Verne Henne Lynn Dubaji c, YEDC Sandy H enne Meetiniz Called to Order Chairman Jeff B akcr called the rte eeting to order at 7:02pm. Roll Call Roll call was taken and a quorum was established Previous Meetip2 Minutes November 4, 2009 and December 2, 2009 The minutes were approved as read on a motion by Corey Johnson and second by Chris Funkhouser. voice vote approval. Public Ike arias 1. ZBA 2009-05 Esrner Capital Management, petitioner,has filed an application with the City requesting a variance to City Code, Title 8, Chapter 11, Section 11 —D to add a 16 sq. ft. reader hoard 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 footage of the sign. The real property consists of approximately I acre located at 1201 N. Bridge St,, Yorkville. motion was -made and seconded by Spinner and Funkhousera respectively, to enter into Public Hearing. voice vote approval. Chairman Baker swore in those who would spear. 1 5 l i Attorney Daniel Kramer represented the petitioner. The property in question is on the west side of Fit. 47 next to Rosati's Pizza and Chignoli Auto where the petitioner ovens the driveway and sign location. At the time of annexation, the Henne's brought in 7 other businesses. The original annexation agreement from 1982 allowed up to 50 sq. ft of signago for each business, but always had less than that. The proposed sign would be a small reader board and the message would change 1-2 tines daily. There is no exposure on late. 47 for his business and there is limited space for a sign. Speed limitations in this area were also discussed. It as noted there were discrepancies in the sign dimensions as follows: the application requested 16 sq. fl., 15 sq. ft is shown on the picture and a document from Mr. Kramer indicates 21 sq. ft. with Mr. Henne swing the request is for 32 sq. ft. Mr. Kramer said the zoning application for the variance is for 2.6 ft x 6 ft. for a total of 16 sq. fit. He noted the Public Hearing notice said 32 sq. ft. Mr. Olson added that the application and public notice both request 16 sq. ft. Olson said that according to the staff report, this matter is a -pronged request: 1) to allow 108 square feet(as opposed to 32 sq. fl.) and ) to allow the addition of an electronic message board. YEDC Director Lynn Dubajic commented on the petition and requested leniency. motion was then made by Skinner and seconded by Walker to close the public Hearing. Voice vote approval. Discussion Chris Funkhouser said the sign is non-conforming based on the present ordinance_ Since a change is being requested, it needs to be brought into conformance. The Finding of Fact and Sign Variations were then reviewed. by Chairman Baker. Motion Skinner made a motion to approve ZBA 2009-05 as submitted. Johnson seconded that motion. Roll call vote: Skinner-no, Johnson-no, Funkhouser-no, Walker-no, Baker-no Lotion failed -o This petition will proceed to the February d City Council meeting. Additional Business: skinner addressed Batt Olson and noted that ZBA had a previous discussion about sending a ZBA representative to City Council to present reports regarding ZBA decisions. Bart-will discuss this with the Mayor and will ask for input at the February Stn City Council meeting. 2 F L Mike Spinner noted that he had been appointed as the ZBA representative to the Ad Hoe Committee reviewing the building codes. Mr. Olson said that Laura Schraw had been appointed as the Interim Community Development Director. A permanent replacement will be hired soon. The next Zoning Commission meeting will be held on the 4t'Wednesday of the month, Adjournment. Fun houser moved and Spinner seconded a notion to adjourn the meeting. Adjourned at 7:57pm. Minutes respectfully submitted by Marlys Young, Minute Taker 3 i L FO`. t7TICE USE ONLY JU ris-d ittion: Permit Number Date Received:. 1 Date ICI ' APPLICATION,FOR PERMT Pacre I of (Type or print in black or blare ink) & Applicant's Na me: c Applicant's Address: _Elm Irp licant's Tele lone: &D 3 ID 45_5 - 01 Applicants Fax Number: Applicant's E-Mail Address Ilen 4 } A&4n- Owner"s Name: s Address. (7f di fereni fPyinj applic4i ri.) strceem.0.Box Owner's Tdcphone: �_� "�" _ - 0 .� city's 9_ 'P Owners Fax Nr&mber: i �" Owners E-Mail Address. L ±_JF1 AM+ Address for Permit: 1 at �`�' L11 county., - (MUsr include 00able,tkk- Str nrt,etc-) Subdivision-. Aer)6as Unit: Lot; Property Index Number(PIN): _ �- 4� 154_ `i Z)ao -- _-- Construction Value:$ Purpose of Permit. iorx LE t� messeAe A Plat of Surma must aceompany all permit applications for eonsiructr'on of any new str uefure or Ord&ilorlchan a to sfing structures,including decks, Ian Fsy fen t. rl, .uh as rofr resi r� .re ire r Pic�i a, ure . DESCRIPTION Dimensions of Building or Addition: plumber of Stories: Width: Depth: Hei-aht: -- Structure's Total Sq.Footage(all floors and garage): No.of Rooms: No-of Bedrooms: No.of Parking Spaces.- indoor: _ —_ Outdoor: PROJECT PROFESSIONALS Name Street Address Telephone Facsimile citylState/zip AnI h itect En#ineer - - - - General Contractor - - UNDER PENALTIES OF INTENTIONAL MISREPRESENTATION AND/OR PERJURY,I declare that I have examined andlor completed this application,and that it iS true and oorr+mt to the bcsf of my knowledge and belief, I agree to constnxt said improvement(s)in compliance with all provisions of the Building and Zoning Ordinances and all amendments thereto. I realize the information I have affirmed hereon forms a basis far the issuance of a building permit and any misrepresentations will nullify any permit issued based upon Ibis application. I also realize this permit is null and void 180 days from the date of issuance;and,it is my responsibility to rcquest and have all regUired inspections completed prior to COI?tjnL,ing witli constrs,etion. The applicaur for this permit agrm to pats all Plan Review Fees whether or not a permit is#sued(no refands wt11 be issued). !f nine permit is refrirried ofser issuance for a refire rase of project cancelf on.tire-applicanf agrees to pad'a pemal(r payment of 2S%of lire building permit fee,to defray administrative case ppiiourtt'. i �larre: Date. Printed Name of Applicant: ir HO NOT OCCUPY BUILDING UNTiL AU INSPECTIONS HAVE BEEN PERFORMFI)AND A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED- DO NOT WRITE BELOW THIS LINE—FOR DEPARTMENT OF BUILDING SAFETY USE ONLY Zoning Classification: Zoning Review Complcted acrd}approved: Bate Completed: - - Flood Plain Classification. Flood Plain Review Completed and Approved: Date Completed: Permit lssuartcwe Approved by: Date- issuing infon-nation: Plan Review Fee: $ Fire Sprinkler/Alarm Plan Review Fee: Building Permit Fee: White--Jurisdictio11/Municipality bellow---Assessor Green Applicant Card—Building Official u-HAUL (,1y` ��• , STANDBY GENERATOR AUTHORIZED Q J ForEign DomEStic Auto & Light X Truck CAR CAft •�••- (630) 553-5993 EMPORI CHAIN SAWS LAWN MOWER s T f .�wrnr�. 1111-" • t j � �vA , T i LkW OFFICES OF 1107A SOUTH BRIDGE STREET DANIEL J.DER YORKVILLE, ILLINOIS 60560 KELLY A.KRAMER y (530)553-9500 D.J.#RAC FAX: (630)5535164 January 20, 2010 Annette Williams United City of Yorkville 1 800 Game barn Road Yorkville, IL 6056 i • ' y F r, RE: Henne Si gn Variance • - : • r Dear Annette-, r t* * �r �•�■� y+• z • F ■ ■ ,a F - - Enclose-please find the on i�-a uhlic Hearing Affidavit for your records as well as a ILA : �t - , . copy of the List of a4j pining 0 ers within 00 feet, Should yqu require and thin 1 furthe*r,T r" r r r • � for the February 3, 2010 7:0 p.m. Zoning Board of Appeals-M e'tin r, ■ .: �*• r - r r err l ur - - - r • - i s D) + - J■ Krae1 yr+* ' r F { ■ • �t■ * a ■ Attorney at Lam - � e s DJ1eth Enclosure , 1 � r S - r S f a f ? _ a F i • 1 L e 1 F F z r_ y i r e CERTIFIED AILII AFFIDAVIT The undersigned, Attorney Daniel J. Kramer, being first:duly sworn on oath states as follows; 1 That he is the Designated Authorized Agent for the Owner of Property of the property that is the subject of a Special Use Petition by Esmer Capital Management, LLC for propeity located at 1201 N. Bridge Street, Kendall County, Illinois. 2. That the attached Notice of Public Hearing, marked as Exhibit"A"9 was served on all of the parties whose names and addresses are identified on the attached Mailing listing, marked as Exhibit"B"', by mailing a copy of said Notice to all of the parties identified on Exhibit "B"", at the addresses identified on Exhibit"B",by depositing said Notices in the United States Mail, at Yorkville, Illinois, with proper postage for Certification of Mailing on the 18th day of January, 2010, ATTORNEY DANEL J. KRAMEli Attorney and t rued Agent for Record Ow er Signature Subscribed and sworn before me this day of , 0 1 0. Notary public OFFICIAL SEAL COLLEEN HANSON My Commission e p�� Oat � NOTARY PJ$L! -STATE OF ILLINOIS COWWONE IRES1 VII r w PUBLIC NOTICE NOTICE of PUBLIC HEADING BEFORE THE UNITED CITY of YOR VILLE ZONING BOARD of APPEALS EA 2009-PO NOTICE_I HEREWITH II T '.Esn� r apitl lanagrnxf,I,L ptitiorir has filed i application With the United City of Yorkville,Kendall County, Illinois, requesting a variance to City Code,Title 8, Chapter 11, Section I 1 - D to add a 16 scat ft. reader board beneath an existing sign measuring 92.8 sq. feet. The legal conforming size of a sign in the zoning district is 32 sq. feet and a message board should measure no more than 50%o of the total square footage of the sign. The real property consists of approximately 1 acre at 1201 N.Bridge Street, Yorkville, Illinois 60560. The legal description is as follows: Lot 2, Perkins Subdivision, City of or ille, Kendall County, Illinois NOTICE IS HEREWITH GIVEN TUAT the Zoning Board of Appeals for the United City of Yorkville will conduct a public hearing on said application on Wednesday, February 3, 201 o at 7 p.m. at the United City of Yorkville Public Library, 902 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time to dates certain. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 900 Game Fay Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville,Kendall County, Illinois, JACQUELYN MILSC14EWSKI City Clerk BY: Lisa Pickering Deputy Clerk r M 4 R ADJOINING OWNERS OF 02-28-154w020 ESHER CAPITAL MANAGEMENT, LL_ 02-28-154-021 02-28-154-010 1 740 Essington, LLC. Bryan & Carrie Dodgers 1 850 Essington Rd. 1106 sunset Joliet IL 60435 Yorkville, IL 60560 02-28-154-022 0 - -303-001 Boy imore, LLC sewn Ogara & Maria Lopez 25571 Route 47 1104 sunset Elhurn, IL 60119 Yorkville, IL 60560 02-28-154-015 02-28-303-002 Michael & Nannette Grommes John Weber 1209 N. Bridge Street 1102 sunset Yorkville, IL 60560 Yorkville, IL 60560 02-28-154-005 0 - 8-303-003 Norman & Sandra Baia Steven & Jody I os ola 1208 sunset 1012 sunset Yorkville, IL 60560 Yorkville, IL.60560 02-28-154-006 02-28-303-016 Milton & Jean Lue Haig 1206 Sunset PO Box 144 Yorkville, I L 60560 Plano, IL 60545 02-28-154-007 02-28-329-045 Liao Jr. & Judy Garcia Earthmover Credit Union 1204 sunset Bt. 2195 Baseline Road Yorkville, IL 60560 Oswego, IL 60543 02-28-154-008 0 - -1 52-005 Jose Dejesus Ramos John Landes Jr. 1202 sunset Ave. 1201 sunset Ave. Yorkville, IL 60560 Yorkville, IL 60560 02-28-154-009 0 - 1 7 0 1 James & Cecelia Sanders TR 02-28-177-011 1108 Sunset Ave. Dirk & robin Browning Yorkville, IL 60560 7424 Route 34 Oswego., IL 6054 t r t IL Shirley Walker 1203 Sunset Ave. Yorkville., IL 60560 02-28-153-005 WIVI & Margaret Studeman 1103 Sunset Ave. Yorkville, IL 60560 02-28-301-005 Randy Heckert 1101 Sunset Ave. Yorkville, IL 60560