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Zoning Board of Appeals Minutes 2009 08-05-09 APPROVED 9/2/09 Page 1 of 4 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, August 5, 2009, 7pm Library Historic Meeting Room Board Members in Attendance: Jeff Baker, Chairman Mike Skinner Chris Funkhouser Corey Johnson Charlie Walker Dean Bromann Absent: Sam Clementz, Ryan Woods Other City Officials In Attendance: Anna Kurtzman Guests: Jeff Barnes, Manager at BP Amoco Travis Lashover, Manager with RJW/owner operator BP Amoco Meeting Called to Order : At 7:00pm the meeting was called to order by Chairman Jeff Baker. Roll Call: Roll call was taken and a quorum was established. Chairman Baker introduced Corey Johnson and Charlie Walker to the Board and welcomed them to the committee. Previous Meeting Minutes: January 7, 2009 The minutes were approved as read on a motion and second by Skinner and Bromann respectively. Mike Skinner requested discussion and stated he had attended a Council meeting to explain how this committee arrived at their decision to deny Pearle Vision and Merlin Muffler their recent requests. He stated for the record, that he felt it was somewhat of a hostile environment. Mr. Bromann added, for the record, that the unanimous decision of this Board was overturned by the City Council. The minutes were then approved unanimously on a roll call vote: Bromann-yes, Walker-yes, Johnson-yes, Funkhouser-yes, Skinner-yes, Baker-yes. Page 2 of 4 Public Hearing: 1.ZBA 2009-01 RWJ Yorkville, petitioner, has filed an application requesting a variance to the Ordinance, Section 10-7D-4b1, allowing for a reduction of 9.15 feet in the side yard setback between the southern wall of the existing restaurant building and a proposed lot line that would be created upon the property being subdivided. The real property consists of approximately 2.55 acres at 1402 and 1502 N. Bridge Street, Yorkville. The Public Hearing was opened on a motion by Bromann and second by Skinner. Voice vote approval. Chairman Baker swore in the petitioners. Jeff Barnes, manager of the Yorkville BP Amoco and Travis Lashover, a manager for RWJ who is the owner/operator of BP Amoco, were present to discuss the petition. Mr. Lashover explained that RJW Management bought the business from BP Corporate. BP Corporate purchased the business 3-4 years ago and also had to purchase the Sunfield Restaurant property. When this occurred, Sunfield Restaurant already had plans to move. RJW now has a potential purchaser to operate the restaurant and a possible retail venture. In order to sell the property, RJW would have to subdivide the lot. He also shared photos of the property and these will become part of the official records. For the record, Mr. Skinner said he had met with the potential new buyers of the restaurant building and discussed doing remodeling work for them, however, he has no contract with them. He stated that he would be abstaining from the voting Chairman Baker noted a memo (to become part of the official minutes) that was received from Bristol Kendall Fire Department. In this letter, BKFD stated they had no issues with the variance request. Some concerns had been raised by Mr. Skinner regarding the closeness of the buildings and this memo is a result of that discussion. after RJW purchased the property in September 2008 from BP Corporate the variance for the car wash had been granted to BP Corporate. At that time, according to Ms. Kurtzman, a variance was not required and BP had consolidated the 2 lots through an exemption. By State law, it was considered a single lot and Yorkville allows multiple buildings on a single lot in non-residential areas. Ms. Kurtzman said that the car wash straddles the previous lot line. BP was advised in writing, that a potential problem could exist for subdividing property in the future. Board member Funkhouser commented that BP consolidated the lots to avoid an issue with setbacks with their canopies. Mr.. Walker asked if BP disclosed these prior actions when RJW purchased the property. Mr. Lashover said he did know that answer, but only knew RJW did not have a choice to purchase only the station. The restaurant has been on the market for approximately a Page 3 of 4 year and Mr. Lashover said it would be a financial hardship to have to demolish the restaurant or car wash. The position of the electric lines was questioned by Mr. Bromann. It was not known if they are on the former lot line or if there is an easement between the 2 buildings. It was determined that the utilities were moved for the car wash. A motion was then made by Skinner and seconded by Funkhouser to close the Public Hearing. Approved on a voice vote. Discussion Mr. Walker questioned the type of business that could use the vacant building and if there is ample parking. Ms. Kurtzman said the parking does meet the requirements for the restaurant and general retail use. If the square footage is not changed, re-approval would not be needed. Mr. Bromann raised the question of the legality of a road and curb cuts crossing the easement between 2 separate legal properties if a variance is granted and 2 lots are formed. A cross access easement would be required for the subdivision according to Ms. Kurtzman. It was generally felt that RJW was put into this situation, but is trying to salvage the property in the best possible way. Mr. Walker commented that by sub-dividing the property, the sale of the building is not guaranteed and may cause future problems for the City. These are valid concerns that should be examined by the City according to Ms. Kurtzman. She added that this committee is limited as to what they can approve and the function of this committee is to determine if the proposed reduction of 9.15 feet is warranted. Ms. Kurtzman then reviewed the Finding of Fact with the committee. The committee determined that not granting the variance would be a hardship to the petitioner. Motion A motion was then made by Mr. Bromann to approve ZBA 2009-01 to allow a reduction of 9.15 feet in the sideyard setback between the southern wall of the existing restaurant and the proposed lot line that would be created on the property being sub-divided. Mr. Funkhouser seconded the motion. Roll call vote: Funkhouser-yes, Johnson-no, Walker- yes, Bromann-yes, Skinner-abstain, Baker-yes. Motion passes. New Business Chairman Baker said he would like to have a City liaison for Council meetings since Council members do not attend the ZBA meetings and also due to the past history of ZBA decisions being overturned. There was lengthy discussion regarding this matter. Some of the comments were as follows: Page 4 of 4 1. Since time and money is involved in hearing these cases, a suggestion was made to have the City Council address sign variance requests rather than hearing them at ZBA. 2. City Council needs to be aware of the ZBA decision-making process. 3. When the economy improves, this committee could potentially have many cases based on the new ordinance/code. 4. Mr. Funkhouser suggested that if residents or petitioners feel that variance requests continue to be overturned or variances are not justified, the City could face a lawsuit. Variances cannot be granted based on the economic value of the parcel. 5. Ask City Council for guidelines when variance requests are overturned and ordinances are overridden. 6. Flowchart on website. A motion was made by Dean Bromann to determine whom this Board reports to and invite them and the Mayor to the next meeting to discuss Board concerns. Mike Skinner seconded the motion. Approved on a unanimous voice vote. In another matter, Chris Funkhouser noted that the sign for the church at Rt. 47 and Cannonball had fallen over and was replaced. He questioned the compliance. The Industrial Park sign was also discussed. Bill Dettmer has spoken with Merlin Muffler and informed them the sign needs to be replaced. There was no further business and the meeting was adjourned on a motion by Skinner and second by Funkhouser. Meeting adjourned at 8:47pm. Minutes respectfully submitted by Marlys Young ffD Bristol Kendall Fire Department 103 East Beaver Street Yorkville, 11,60,560-1701. Phone: 630 553-6186 Fax: 630 553-1482 Memorandum Date: August 5, 2009 To: Zoning Board of Appeals From: Assistant Chief Fairfield RE: Zoning Variance Request ZBA 2009-01 1402 and 1502 N. Bridge Street The Bristol Kendall Fire Department was requested to look at the above mentioned variance request. After reviewing the following items: Report to Zoning Board of Appears from Anna Kurtzman dated July 20, 2009, the application for variance request dated June 29, 2009 from RWJ Yorkville LLC and the exhibit from Premier Land Surveying L.L.C. dated August 16, 2008. The Bristol Kendall Fire Department has no comments or concerns in regards to the variance requested for the above mentioned item.