ZBA Minutes 2008 06-04-08 Page 1 of 3
[NPPROVED 8/6/08
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, June 4, 2008, 7pm
Council Chambers
Board Members in Attendance:
Jeff Baker, Chairman
Dean Bromann
Chris Funkhouser
Samuel Clementz
Mike Skinner
Ben Moe
Ryan Woods (arrv.7:08pm)
Others In Attendance:
Anna Kurtzman
Travis Miller
Mark Buck
Michael McElmvey
Bob Pschirrer, K-Five
Scott Melby, Raging Waters
At 7:00 the meeting was called to order by Chairman Jeff Baker.
Roll Call:
Roll call was taken and a quorum was established.
Previous Meeting Minutes October 3, 2007:
The minutes were approved as read on a motion and second by Bromann and Skinner
respectively. Motion passed unanimously on a voice vote.
Public Hearings:
1. ZBA Mark and Renee Buck, Chris Scott and Tim and Tawnie Elwood,
petitioners, filed an application requesting a height variance. Their addresses are
354, 356 and 352 Twinleaf Trail, Yorkville, in the Whispering Meadows
subdivision. The petitioners seek a variance from Section 10-3-2131(b), which
states that the maximum height of a fence is 6 feet.
A motion to enter into Public Hearing was made by Skinner with a second by Bromann.
Motion passed on a voice vote.
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Mr. Buck was sworn in and gave an overview of the petition. He said the petitioners live
behind the Country Comfort Kennels and the New Life Church where there is a
skateboard park. They wish to install an 8-foot fence for added privacy and noise control
and would adhere to all other fence requirements. It will be located inside the
petitioners' property lines. They have received approval from the kennel owner and
church pastor and Chairman Baker noted letters from these two parties were received.
There was a brief discussion of a fence shown on a drawing and it was determined that
Exhibit B was not an accurate depiction of the fence location. The 300-foot section of 8-
feet high fence will be located along the south lot line of lots 65, 66 and 67.
Funkhouser asked if the petitioners had moved in after the kennel was established. The
petitioners did move in after the kennel was built, however, Mr. Buck said they are not
unhappy with the kennel, they just want added privacy.
Mr. Michael McElmvey of 406 Twinleaf was sworn in to give testimony. He said he just
needed clarification of the fence location. There was a brief discussion and Mr. Buck
added that notices were sent to all residents in the area. Mr. McElmvey supported the
request.
Ms. Linda Blake of Parcel #71 was sworn in and stated her support of the petition.
A motion was then made by Funkhouser to close the Public Hearing and it was seconded
by Clementz. It was closed on a unanimous voice vote.
Discussion:
Skinner noted the"20% rule for setbacks". Ms. Kurtzman said it does not apply in this
case. He also commented that this is an isolated case.
Ms. Kurtzman then reviewed the"Finding of Fact" concerning this request. Bromann
and Skinner then moved and seconded respectively, to approve ZBA 2008-01. This
motion was approved on a unanimous roll call vote and will move to the City Council on
July 22"d.
New Business:
1. PC 2008-14 Raging Waves filed an application requesting a text amendment to
their annexation agreement regarding signage. They seek relief by replacing the
amount of signage allowed on the O'Keefe property with a single illuminated
permanent sign on Lot 3, which would be up to 150 sq. ft. and up to 25 feet in
height.
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Miller said this was not a variance request and that a 2006 annexation agreement
provided for signage on the property and other property as well. Since that time, other
variances were approved and this request would be an amendment to the annexation
agreement for which City Council is asking for ZBA input.
Miller presented the details of the request and said the petitioner is asking for a sign to be
25 feet high with a maximum square footage of 150 feet. In exchange, the water park
owners would forego 3 other potential signs. The amendment would also include
language that states the water park cannot be advertised on nearby lots owned by them,
which could be developed for other uses.
Funkhouser asked how the area of the sign was calculated since a light box is included in
the sign. Miller provided an explanation of the computations and the regulations that
govern them. He said the light box is considered part of the sign area. Raging Waves
representative Scott Melby also summarized their request and said the water park is
allowed a total of 500 square feet of signage, but they are trading that amount for one
sign. Ms. Kurtzman added that the method of calculation will be explained to the City
Council.
Mr. Melby said the sign will be constructed of wood and rope carrying out an Australian
theme. The exact location of the sign was briefly discussed also.
Baker commented this is a win-win for the City and is a beneficial trade-off.
A motion was made by Skinner and seconded by Clementz to support the memo and
annexation agreement amendment presented in PC 2008-14. A roll call vote was taken:
Funkhouser-nay; Clementz-aye; Moe-aye; Skinner-aye; Bromann-nay; Baker-aye;
Woods-aye. Recommendation passed 5-2.
There was no further business and Skinner moved to adjourn and Funkhouser seconded.
Meeting adjourned at 8:47pm.
Minutes by Marlys Young
Minute Taker