Loading...
Zoning Board of Appeals Minutes 2009 12-02-09 APPROVED 2/3/10 Page 1 of 4 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, December 2, 2009, 7pm City Conference Room ( changed from Library Historic Room) Board Members in Attendance: Jeff Baker, Chairman Mike Skinner Corey Johnson Charlie Walker Chris Funkhouser Absent: Dean Bromann, Ryan Woods Other City Officials In Attendance Travis Miller, Community Development Director Other Guests: John McAdams, McAdams & McAdams Tom Saliu, Sunfield Restaurant 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. It was noted that Mr. Bromann might have moved out of Yorkville, so contact with him will be attempted. Previous Meeting Minutes: November 4, 2009 The minutes were approved as read on a motion and second by Johnson and Skinner respectively. Approved on a unanimous voice vote. Public Hearing 1.ZBA 2009-04 Fatmir Saliu, petitioner, filed an application with the City of Yorkville requesting a variance to City Code, Title 8, Chapter 11, Section 9.A.1 to allow for a free standing sign to exceed the maximum 32 square feet in area by 16 square feet for a total of 48 square feet. The property consists of approximately 1 acre at 382 E. Veterans Parkway, Yorkville. A motion was made by Skinner and seconded by Johnson to enter into Public Hearing. Motion approved unanimously on a voice vote. Chairman Baker swore in Mr. McAdams and Mr. Saliu. Page 2 of 4 Attorney John McAdams stated that he represented Sunfield Restaurant and gave the details of the variance request. When the new restaurant was built, a sign (8’ x 6”) was erected and was in compliance with the ordinance at that time. Later the ordinance was changed to allow only 32 square feet signs, but Sunfield’s was grandfathered in. The sign now needs repair since only half of the sign is lit. This resulted from the ballast overheating. When the sign was ordered, a depth of 25 inches was also requested, but upon delivery, it was only 10” in depth. A remedy was immediately requested at the time of installation. The sign maker was sued and the petitioner won the case based upon breach of contract. The sign company must replace/repair the contracted size since the sign will not overheat with the additional 15” depth being requested. The variance was requested since the ordinance has changed. Chairman Baker asked for comments from the Board members. It was noted the sign base will also be enclosed. Travis stated that the entire sign will be replaced and because of the replacement, the permit is treated as a new application. He added that the depth ordinance does not address the of a free-standing sign. Mr. Walker questioned if any payment was made. Only half of the cost was paid. Mr. Funkhouser asked if there was any stipulation on the reinstallation or a timeline for the sign. There was none, however, the monetary judgment was for $2200. There was no further comment and a motion was made and seconded by Skinner and Johnson to close the Public Hearing. Approved unanimously on a voice vote. Discussion Baker and Johnson said they were OK with the sign and would rather see it working properly. Finding of Fact Travis Miller said that in addition to the Finding of Fact, there were 8 criteria to be considered in the Sign Ordinance. He recapped the variance request as a dimensional variance requesting 48 feet from 32 feet for a 16 square foot variance. The Board will be making a recommendation only, since the request exceeds the Board’s authority. Mr. Miller then reviewed the Finding of Fact and Sign Ordinance criteria. Discussion Mr. Walker asked that since this sign is a re-build, could it now be made to be compliant with the existing ordinance. However, Mr. Baker said that the original sign was not built properly. Travis asked if the sign would be replaced or repaired. The poles will be re- used and the attorney said a new sign company would be handling the matter. Because of the new sign company, Attorney McAdams said the answer is unknown if the original face can be re-used. He is seeking to be in compliance with the original approval. Page 3 of 4 Travis Miller wished to confirm the staff recommendation that the variance should stand and quoted the ordinance. He said this is a structural repair and should still be considered a variance request. Motion Mr. Skinner then made a motion to approve ZBA 2009-04 requesting a variance from City Code Title 8, Chapter 11, Section 9.A.1 to allow free-standing sign to exceed the maximum of 32 square feet, by 16 square feet, to be a total of 48 square feet in area. Corey Johnson seconded the motion. Roll call vote: Walker-yes, Skinner-yes, Johnson-yes, Funkhouser-no, Baker-yes. Motion passed 4-1 This item will be recommended for approval to the City Council and will be on their th agenda December 8. New Business: 1.Sign Ordinance amendment regarding off-premise signs Travis revised the proposed ordinance and it was also presented to the Parks and Recreation. He said the 3’x 6’ sign size was agreeable with the Parks Department. He said the ordinance would limit the number to 5 banners mounted on the fence, per ballfield. There was discussion of a Park Board proposal for a banner under the lighted scoreboard. Skinner noted that the scoreboard might exceed the height requirement. Motion Mr. Walker then made a motion to adopt the ordinance as presented. Mr. Skinner objected to the motion stating more time was needed to discuss and to make a recommendation about the possible $2,000 sponsorship sign on the lighted scoreboard. If the Board adopts the ordinance as written, the Park Board could not display a sign there. There was further discussion of a sign, (size, height, placement etc.) on the scoreboard. Mr. Walker then withdrew his motion and made a new motion to approve the ordinance as presented with the following conditions: 1.Strike the limit on the number of signs on the fence 2.Maximum sign size is 3 feet by 6 feet and signs shall be mounted on the outfield fence facing the playing field 3.One banner sign allowed under scoreboard with sponsor name and logo, sign not to exceed 32 square feet and not higher than 8 feet off the ground. Mr. Skinner seconded the motion. Roll call vote: Skinner-yes, Johnson-yes, Funkhouser-yes, Walker-yes, Baker-yes. Motion passed 5-0 th This item will move forward to City Council on December 8. Page 4 of 4 2.ZBA meeting schedule for 2010 The standard meeting date of the first Wednesday night will remain the same. Additional Business: Travis noted that Ground Effects had withdrawn a sign petition. =========== The Zoning Commission will convene again in January and a Public Hearing will be scheduled sometime after that. The ZBA will be notified of this Hearing so the Board members can provide input. A preliminary draft will be provided prior to the Hearing, upon a request from Chairman Baker. ========== It was noted that an off-site sign for Upper Crust is located south of town, while Merlin’s Muffler still has a banner sign. Also, a sign is down near Greenbriar. Code Official Paul Zabel is trying to identify non-compliant signs. Adjournment: There was no further business and a motion was made by Skinner to adjourn the meeting. Johnson seconded the motion. Meeting adjourned at 8:20pm. Minutes respectfully submitted by Marlys Young