ZBA Minutes 2008 10-01-08 Pagel of 3 APPROVED 12
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, October 1, 2008, 7pm
Council Chambers
Board Members in Attendance:
Jeff Baker, Chairman
Chris Funkhouser
Sam Clementz
Ben Moe
Mike Skinner (arr.7:03pm)
Absent: Dean Bromann, Ryan Woods
Others In Attendance:
Travis Miller, Director of Community Development
June Bryant
JoAnn Gryder
Mark Heimsoth, Attorney
Joe Lusk
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 6, 2008 and September 3, 2008
Funkhouser moved to approve both sets of minutes as presented with a second by
Clementz. Travis Miller noted that in the August 6th minutes, page 3, paragraph 6, it
should say City Council, not Committee of the Whole. The minutes were then approved
on a voice vote.
Public Hearings:
Clementz moved and Moe seconded a motion to enter into Public Hearing. Approved on
a unanimous voice vote.
This item was continued from the September 3, 2008 ZBA meeting.
1. ZBA 2008-04 Joe Lusk, petitioner, filed an application requesting reductions
in setbacks in the front yard from 30 ft. to 25 ft., Section 10-6C-4A; and a
reduction in the side yard setback from 30 ft. to 3 ft., 3 in., Section 10-6C-4B.
The property address is 308 Walnut St.
Page 2 of 3
On a motion by Funkhouser and second by Clementz, the Public Hearing was opened.
Passed unanimously on a voice vote.
Mr. Lusk gave a very brief overview of the improvements he will make to this house.
Attorney Heimsoth added that a room addition would be made at the northeast corner and
the garage would be in the back. The structure pre-dates the zoning code and Mr. Lusk is
trying to square off the house and make improvements to make it more attractive and
valuable for the neighborhood.
JoAnn Gryder spoke on behalf of her aunt Jean Bryant who owns property adjacent to the
Walnut St. property. They asked if the driveway would in fact be switching from Walnut
to Fremont. The driveway will be moved and Chairman Baker noted that issue had been
addressed and will now be part of the petition as it moves along to City Council.
There was no further comment and the Hearing was closed on a motion and second by
Skinner and Funkhouser respectively.
Discussion
Skinner commented that although the property is non-compliant, the petitioner should not
be forced to tear out the foundation.
Travis Miller then reviewed the Finding of Fact with brief comments from the committee
including discussion about whether or not a sidewalk would need to be built. Travis said
it is not a requirement of the building permit.
Motions
Chairman Baker noted that 2 motions would be required. Skinner moved and
Funkhouser seconded the motion to approve ZBA 2008-04 requesting a reduction from
30 feet to 25' in the front yard setback.
Roll call vote: Moe-abstain; Skinner-yes; Funkhouser-yes, Clementz-yes, Baker-yes.
Motion passed.
Since this committee is not authorized to grant a variance for the second part of the
petition, Skinner made a motion to recommend approval of the second part of ZBA
2008-04, reduction in the side yard setback from 30 feet to 3 feet, 3 inches. Clementz
seconded this motion.
Roll call vote: Skinner-aye; Funkhouser-aye; Clementz-aye; Moe-abstain; Baker-aye
Motion passed.
This matter now moves to the City Council on October 14th at 7pm.
Page 3 of 3
Additional Business:
2. ZBA 2009 Submittal Deadlines
The 2009 ZBA submittal deadlines and ZBA meeting dates were reviewed. A motion
was made by Moe and seconded by Funkhouser to approve this schedule, with the motion
passing unanimously on a voice vote.
Other:
Skinner noted possible issues with the Parkview Christian School sign on Rt. 47 and a
portable sign across from the Chapel on the Green. He noted there are other signs in
town that are non-compliant and since the code has been adopted by the City Council,
those signs should be addressed. Miller commented that pre-existing, non-conforming
signs are still legal and the new ordinance does not require replacement of those signs.
He will verify if the sign on Rt. 47 was there prior to the adoption of the new ordinance
and report back to the committee. Baker added that the portable sign was installed after
signs at the former Fox Valley Shopper location were requested to be removed.
Funkhouser said that Dick's Sporting Goods (Kendall Marketplace) has a possible non-
approved sign on the rear of their building. Miller said the PUD included some signs, but
the rear sign was not approved under the PUD.
It was reported that HRM Properties has not come back to the City for a property sign for
Rte. 47 and 126.
There was a brief discussion of the distribution method of the ZBA packets email, CD,
etc. Anna Kurtzman has forms to fill out for the committee members preferred means of
receiving the packets.
There was no further business and a motion was made by Skinner to adjourn the meeting
with a second by Funkhouser. Motion passed unanimously on a voice vote.
Adjourned at 7:46pm.
Minutes by Marlys Young,
Minute Taker