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ZBA Minutes 2008 08-06-08 APPROVED W/ CORRECTIONS Page 1 of 4 10/01/08 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, August 6, 2008, 7pm Council Chambers Board Members in Attendance: Jeff Baker, Chairman Dean Bromann Chris Funkhouser Mike Skinner Ryan Woods (arr.7:06pm) Others In Attendance: Anna Kurtzmann Robert Edwards, RWE Management J. R. Brittenham Jason Sanderson, RWE Management Gary Neyer, Marker Inc. James & Diane Bell At 7:04 the meeting was called to order by Chairman Jeff Baker. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes: June 4, 2008 The minutes were approved as read on a motion and second by Bromann and Funkhouser, respectively. Approved unanimously on a voice vote. Chairman Baker swore in those who would speak at this meeting. Public Hearings: 1. ZBA 2008-02 Richard Marker Associates filed an application requesting a height variance for a fence. The property address is 728 E. Veterans Parkway located in the Heartland Center. The petitioner is seeking a variance from Section 10-3-2D1(b) and 10-3-7 of the Municipal Code which states that the maximum height of a fence is 6 feet. The Public Hearing was opened. Gary Neyer of Richard Marker Associates presented an overview of this request. He said the property is a 9-acre commercial development near the Blackstone Restaurant and Page 2 of 4 Lighthouse Academy. A taller fence is desired due to the unincorporated property to the east, which is in poor condition. Mr. Neyer said that while the trees are leafed out, the property is not as visible. He added that they hope this is a short-term solution until the property changes uses. The petitioner said a wood fence would be constructed to blend in with nearby trees. It was noted that the finished side of the fence would face the outside. Funkhouser asked if a PUD was in place for this property when it was developed and Ms. Kurtzmann replied that there was. A motion was made and seconded by Skinner and Bromann respectively, to close the Public Hearing. Passed unanimously on a voice vote. Discussion: Some of the Board comments were as follows: there is concern due to abandoned vehicles, two additional feet of fence will not hide the problem, a PUD was previously approved with no request for a fence. Funkhouser noted that the proposed fence would run almost to the Rt. 34 right-of-way at which point it would be a front yard only allowing a 3-foot fence. Ms. Kurtzmann then reviewed the Finding of Fact with brief discussion of each point. A motion was then made by Bromann and seconded by Skinner to approve this variance request. A roll call vote was taken: Funkhouser-no; Baker-no; Skinner-no; Bromann-no; Woods-no. Motion failed. 2. ZBA 2008-03 RWE Management Company has requested a height variation regarding Section 10-3-2D1 (b) and 10-3-7 which states the maximum height of a fence is 6 feet. The property is at 102 Garden St. at the southwest corner of Rt. 47 and Garden St. A motion and second to open the Public Hearing was made by Skinner and Bromann, respectively. Robert Edwards, President of RWE Management said he is building Yorkville Animal Hospital at 102 Garden St. and is requesting a variation for an 8-foot fence. This is for security for the dogs that are let out in the yard at the hospital. He said it would be in the best interest of the animals as well as the neighbors. He also described the type of fence he would construct and a 2x12 piece of lumber will be set in the ground to prevent digging. Trees and shrubs will be planted around the fence. Page 3 of 4 Mr. Edwards said he had not applied for this variance earlier due to timing, however, he had prior discussions with Ms. Kurtzmann. Additionally, there had been some engineering issues that took about 45 days. Resident J. R. Brittenham, a resident of Prairie Garden, said he did not see the need for 2 extra feet in the height. He added that the clinic location amidst office buildings, came as a surprise. The Hearing was then closed on a motion by Skinner and second by Woods. Unanimous voice approval. Discussion The Board members agreed that the extra fence height is needed for the animals' safety and security Ms. Kurtzmann conducted her Finding of Fact for this petition Woods moved and Bromann seconded to approve ZBA 2008-03 fence height requested and also recommended the construction of a bronze colored, industrial grade fence as indicated by the petitioner. Roll call vote: Bromann-aye; Skinner-aye; Funkhouser-aye; Woods-aye; Baker-aye. This motion was unanimously approved and this petition will move to City Council on August 26tH New Business: 1. Discussion of Sign Ordinance 2008-58 The City has already passed this ordinance so a motion was made by Bromann and seconded by Woods to close this discussion. It was carried on a voice vote. Skinner asked about some of the signs in town that are less than desirable or non- compliant and how property owners would be notified. Ms. Kurtzmann said that at this time, the City has not given guidance for this. Real estate banners hanging from decks, other banners and a canvas house rental sign were also briefly discussed. Additional Business: 1. Ms. Kurtzmann said a Conservation Foundation flier for a seminar was included in the packets. The City will pay the fee if Board members are interested. 2. She also asked if Board members are interested in receiving ZBA packets by email or continue to receive paper copies. Page 4 of 4 There was no further business and a motion was made and seconded by Skinner and Funkhouser respectively. Passed unanimously. Meeting adjourned at 8:08pm. Minutes by Marlys Young Minute Taker