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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. Page 2 of 3 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. Page 3 of 3 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