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Zoning Board of Appeals Minutes 2009 09-02-09 APPROVED 11/4/09 Page 1 of 3 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, September 2, 2009, 7pm Library Historic Meeting Room Board Members in Attendance: Jeff Baker, Chairman Dean Bromann Corey Johnson Mike Skinner Charlie Walker Absent: Chris Funkhouser, Ryan Woods Other City Officials In Attendance: Mayor Valerie Burd Travis Miller, Community Development Directory Anna Kurtzman, ICCI Guests: Tony Phillips, SAC Wireless 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. Previous Meeting Minutes: August 5, 2009 The minutes were approved as read on a motion and second by Skinner and Bromann respectively. Unanimous voice vote. Public Hearing ZBA 2009-02 SAC Wireless d/b/a as Verizon Wireless. Petitioner has filed an application with the City requesting a variance to the Yorkville Zoning Ordinance, Title 10, Chapter 15 (Tower and Antenna Regulations). The property consists of 23 acres located at 202 and 204 Wheaton Avenue, Yorkville. Chairman Baker swore in the petitioner. A motion to open the Public Hearing was made by Bromann and seconded by Skinner. Approved unanimously by voice vote. Page 2 of 3 Tony Phillips with SAC Wireless representing Verizon, was present to give testimony. His company is exploring construction of a tower at the lumber yard on Wheaton Avenue. It is zoned B3, surrounded by industrial and near Com Ed lines. If a variance is granted for a higher tower, more carriers can be added and better coverage can be provided. Verizon is one of the few companies that consistently installs shelters near the tower. This provides space for a generator so Verizon can function in the event of a disaster. Overall capacity is currently decreasing due to increased usage and higher towers are needed to handle that usage. Ms. Kurtzman clarified that the variance is requesting an additional 99 feet of height. The height of other area towers was also discussed. Mr. Skinner asked if the tower would fall across the train tracks if it fell. Mr. Phillips said the towers are tested to withstand 100 mph winds, but that it could possibly fall across the tracks. Mr. Phillips said the tower could be located farther from the tracks. He also presented information about the new technology now being used and how it works. Following testimony by Mr. Phillips, the Hearing was closed on a motion by Skinner and second by Johnson. The voice vote was unanimous to close. Discussion: Mr. Skinner asked if the City had investigated the safety of these types of towers. Travis stated that structural engineering must be done prior to obtaining a building permit. Ms. Kurtzman also said the current building codes address wind and seismic issues. It was also noted there will be lightning rods on the tower and the tower would be 195 feet tall with 4 feet of lightning rods. Ms. Kurtzmann then reviewed the Finding of Fact. Following this, a motion was made by Mr. Bromann to approve ZBA 2009-02 SAC Wireless’ request for a variance to Title 10, Chapter 15. Mr. Skinner seconded the motion and roll call vote followed: Vote: Bromann-yes, Johnson-yes, Skinner-no, Walker-no, Baker-yes. Motion passed 3-2. This matter will move forward to the October Plan Commission if all documents can be obtained in time. New Business: Mr. Skinner stated he had two additional items he would like to discuss. The first one concerns item 5 in the Finding of Fact that addresses “impairing light or air to adjacent property…”. Mr. Skinner feels each point should be considered separately. This will be discussed at the next meeting. Mr. Miller said a suggestion could be forwarded to the Zoning Commission who is updating the ordinances. He added that the Finding of Fact is part of the Illinois Statutes. Page 3 of 3 According to Ms. Kurtzman, more comprehensive reports can be prepared for the City Council when each point is discussed. The City could also be faced with a legal situation if each item is not considered. In a second matter, Mr. Skinner made a motion on behalf of the Board to recommend to the City Council, approval of the following Resolution: “To recognize and thank Anna Kurtzman for her years of dedicated service to the City of Yorkville, Council and the Zoning Board of Appeals”. Corey Johnson seconded the motion. Roll call vote: Johnson-yes, Skinner-yes, Walker-yes, Baker-yes, Bromann-yes. Unanimously passed. 1. Communication discussion with Mayor Burd, ZBA and EDC members Chairman Baker welcomed Mayor Burd to the meeting. He said the Board had requested a meeting with her to discuss recent decisions by the Board that were overturned by the Council. Ms. Burd suggested a joint meeting with the City Council to discuss these matters and to meet the new Aldermen. She said some of the Council members may not be aware of the hearing process the ZBA must undertake in order to reach decisions that are not made lightly. She stated she was aware of the decisions being overturned and said ordinances should be followed unless there is an important reason to overturn. Travis will organize an informal meeting prior to a regular Council meeting. September nd 22 was suggested and a reminder will be sent. Adjournment: There was no further business and a motion was made by Skinner and seconded by Walker to adjourn the meeting. Adjourned at 8:25pm. Minutes respectfully submitted by Marlys Young.