ZBA Minutes 2008 12-03-08 Page 1 of APPROVED 1/7/09
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday, December 3, 2008, 7pm
Council Chambers
Board Members in Attendance:
Jeff Baker, Chairman
Chris Funkhouser
Sam Clementz
Ben Moe
Mike Skinner
Dean Bromann
Ryan Woods (arr. 7:06pm)
Other Citv Officials In Attendance:
Travis Miller, Director of Community Development
Anna Kurtzman
Others:
Mark Hameister, Merlin Corporation
Chris Wrobel, American Sign
Chris Pieszko, CMP Properties.
Paul Sestak, CMP Properties
Michael Haaning, Gershman, Brown Crowley
Doug Merritt, Sure Light Sign
Andrew Kolb, Bazos, Freeman, Kramer, Schuster, Vanek, & Kolb
Meeting Called to Order:
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: October 1, 2008
Referring to the October meeting, Skinner asked if Miller had determined the legality of
the Parkview signs discussed in Additional Business. Miller said the flashing sign was
not being used and therefore not in violation. The off-site sign on Rt. 47 was on land
possibly unincorporated. The Dick's Sporting Good rear sign is compliant since there is
frontage along the public way. Funkhouser said the sign is now turned off at closing.
A motion was then made by Bromann and seconded by Moe, to approve the minutes as
presented. Motion carried on a voice vote.
Page 2 of 7
Public Hearings:
Chairman Baker swore in those who would speak at this meeting.
1. ZBA 2008-05 American Sign & Lighting Company filed an application
requesting approval for a 50 sq. ft. ground sign on a lot less than 3 acres at
102 Beaver St.
Chris Wrobel of American Signs and Mark Hameister of Merlin Corporation presented
information for this hearing and specifically the road sign. A Merlin 200,000 Mile Shop
is being constructed at Beaver St. and Rt. 47. In January, Merlin obtained approval from
Gary Williams for the road sign. The franchisee closed on the property, but no sign could
be issued because there was no building yet. In the meantime, the ordinance was
changed. The petitioner said there was no notification of any sign ordinance change and
the sign was reduced from the original 50 sq. ft. to 32 sq. ft, (a 36sq. ft. reduction).
Mr. Hameister said Merlin's customer base, by the nature of the business, visits their
business only infrequently. The business faces Rt. 47, but is accessed off Beaver St He
discussed the highway speed at that point and the number of cars on the road. He also
described the type of sign they traditionally use. Mr. Hameister said he was asking for
the original size approved before the code was changed. It was pointed out by Mr.
Hameister that since the property is less than 3 acres and they have 2 accesses and 2
street frontages,two signs could actually be requested.
Ms. Kurtzman said that no sign permit can be issued prior to a building permit issuance.
The building permit was issued in August or September of 2008. The sign permit was
not issued at the same time. Candace Wise of American Sign learned that the ordinance
had been changed and realized a variance would be needed. Skinner pointed out that a
notice had been posted in Building and Zoning for more than a year regarding the
ordinance change.
Mr. Wrobel said his company was located in Elk Grove Village and this was their first
sign for Yorkville. Most communication is done through email or phone and he added
that his company inquires about ordinances. He said the ordinance changed during the
waiting time between the building permit and the sign permit.
A motion was then made by Skinner and seconded by Bromann to close the Public
Hearing. Approved on a voice vote.
Discussion:
It was noted that the ZBA could only make a recommendation, not give approval of this
request. Skinner questioned why the sign would face Beaver St. and not Rt. 47.
According to Hameister, the sign will be at a right angle to Rt. 47 so traffic could see the
sign. Chairman Baker commented that there are many setbacks on this property and that
the City took a large portion for the industrial park sign. A retention pond was placed in
front of that which makes for a large distance away from Rt. 47. Skinner observed that a
Page 3 of 7
sign for a business such as this is not intended "for out of town people" and that residents
will call for directions.
There was no further discussion and Ms. Kurtzman reviewed the Finding of Fact as well
as 8 points from the new Sign Code.
Motion for Variance Request:
A motion was made by Bromann to approve ZBA 2008-05 for American Sign Company.
Skinner seconded the motion.
Roll call vote: Skinner-nay; Clementz-aye; Bromann-nay; Woods-nay; Moe-aye;
Funkhouser-pass; Baker-nay. Motion failed 4-2.
The petition will go before the City Council on December 22.
2. ZBA 2008-06 G.B. Illinois Filed an application requesting relief from several
sections of the Sign Code. The property is at the southeast corner of Rt. 34
and Eldamain Rd.
A motion was made and seconded by Bromann and Moe respectively, to open the Public
Hearing for ZBA 2008-06. Approved on a voice vote.
Variance Requests:
Attorney Andrew Kolb was present to represent CVS Pharmacy. He said there were a
number of variances being requested and he summarized as follows. The first 4 pertain
to 8-11-9-A,2,a allowing only 1 wall sign on each exterior wall facing a public right-of-
way:
1. Petitioner requests 4 wall signs on west elevation.
2. Request for 3 wall signs on north side
3. Request for 7 walls signs on east elevation, (collectively total 25.9 sq. ft.)
4. Request for 2 wall signs on south elevation (does not face right-of-way),
ordinance states no signage
5. Requesting 15 minute interval on message board, city code states 24 hour change
6. Requesting 24 ft. tall sign due to proposed "welcome to city" sign in front of CVS
sign
7. Requesting variance for size and area of free standing sign
8. Requesting variance for white background on sign
Chairman Baker said each variance request would be addressed and voted on separately.
Discussion of Each Sign Variance
Discussion of these variance requests was turned over to Doug Merritt, CVS sign
consultant. Mr. Merritt said not all CVS stores are the same in terms of amenities. With
the requests for additional signage, they hope to detail the amenities offered. He noted
there is no dedicated access point, but there is an internal driveway to the rear of the
building. In their handout presentation, each wall sign was detailed for clarity.
Page 4 of 7
1. Request for 4 wall signs on west: Applicant is allowed 284 sq. ft. under
code, but is requesting 186.3 sq. ft. The number of signs requested exceeds
code and the square footage exceeds the 75% rule according to Ms. Kurtzman.
This request is in compliance with the square footage allowed, but not the
number of signs.
2. Request for 3 wall signs on north: Combined square footage is 175.48 and
the allowable is 190 sq. ft.
3. Request for 7 wall signs on east: Mr. Merritt said the code does not allow
for signage since there is no street frontage. The signs they are requesting are
directional and are on the drive-through canopy, not on the building.
4. Request for 2 wall signs on south: The total square footage would be
136.67. These would be the trade name and receiving door.
5. Increase frequency on message board: The proposed "welcome to
Yorkville" sign was discussed first and it was stated that the sign was part of
the PUD agreement, however, the final design has not been approved by the
Council. Because of this sign, the CVS sign was shown taller. Skinner asked
about the reason for the 15-minute interval message. Merritt said CVS wishes
to reduce the number of temporary window signs or banner signs etc. They
also want the opportunity to present more than one message in a 24-hour
period. There will be no animation, fading, blinking etc. of the message. The
sign would be LED with a maximum of 3 lines in red.
6. Request for 24 ft. tall (message board) sign (8' allowed): This is the tallest
sign requested and is partly due to the welcome sign in front of it.
7. Request for 118 sq. ft. sign(from 32' sign): This is the free-standing sign
8. Request for color of free-standing sign to not match color of building:
Mr. Merritt said the background of the sign would be white with red lettering
for optimal visibility
For the record, Attorney Kolb noted a modification to the site plan concerning the drive-
through. It does not involve any change to the signs.
A motion was then made by Skinner and seconded by Bromann, to close the Public
Hearing. Approved on a voice vote.
Ms. Kurtzman reviewed the Finding of Fact and also 8 points of the Sign Code.
Motions:
ZBA 2008-6-41: Motion by Bromann and second by Clementz to approve 2008-06-1,
request for 4 wall signs on west side.
Roll call vote: Moe-aye, Woods-aye, Bromann-aye, Clementz-aye, Skinner-aye,
Funkhouser-aye, Baker-aye. Unanimous approval.
ZBA 2008-6-42: Motion by Bromann, second by Skinner to approve 3 walls signs on
north side.
Roll call vote: Woods-aye, Bromann-aye, Clementz-aye, Skinner-aye, Funkhouser-aye,
Moe-aye, Baker-aye. Unanimous approval.
Page 5 of 7
ZBA 2008-6-43: Motion by Skinner and second by Woods to approve increase in wall
signs on east side with recommendation to remove the drive-through sign on the canopy
(designated as #135 in handout illustration).
Roll call vote: Bromann-aye, Clementz-aye, Skinner-aye, Funkhouser-aye, Moe-aye,
Woods-aye, Baker-aye. Unanimous approval.
ZBA 2008-6-44: Motion by Bromann and second by Woods to approve 2 wall signs on
the south side of building.
Roll call vote: Clementz-aye, Skinner-aye, Funkhouser-aye, Moe-aye, Woods-aye,
Bromann-aye, Baker-aye. Unanimous approval.
ZBA 2008-6-45: 15 minute interval on message board: Travis Miller said the Council
had previously decided message lengths to be 24 hours. Mr. Skinner recommended, that
because of this decision, no variance recommendation should be made to the Council. He
then made a motion to approve ZBA 2008-745 as written. Clementz seconded the
motion.
Roll call vote: Funkhouser-nay, Moe-aye, Woods-aye, Bromann-nay, Clementz-aye,
Skinner-nay, Baker-nay. Motions failed 4-3.
Attorney Kolb asked if a lesser time on the message board could be considered at this
point. Chairman Baker said it would be hard to change at this point, since the vote was
finished.
ZBA 2008-6-46: Increased Height of Sign. Discussion: Skinner said the Board should
not consider the proposed welcome sign when making their decision on the height of the
CVS sign. He added that it is not only a"welcome to Yorkville" sign, but also a
welcome to the Cobblestone shopping center/advertisement.
The CVS representatives suggested that the ground sign variance should be tabled. They
said the welcome sign is on the CVS property and would therefore impact the placement
and possibly be an obstruction of the CVS sign. Baker noted that the parcel developer is
not ready to make a commitment to the sign. Chris Funkhouser commented that even
without the welcome sign, the CVS sign height requested was almost double that allowed
in the ordinance.
Ms. Kurtzman said even though the Public Hearing was closed, the Board could table the
issue. The City attorney will be consulted on this point. It was thought the Hearing
could be re-opened, however, it may need to be advertised again. Mr. Merritt said CVS
just wants to be sure their sign is taller than the welcome sign.
A motion was made by Bromann and seconded by Skinner to table ZBA 2008-6, variance
numbers 6, 7 and 8, until the neat meeting, for further discussion. The neat ZBA meeting
is January 7th, which is beyond the 30 days allowed for such a decision. The petitioner
verbally agreed to this time frame.
Roll call: Funkhouser-aye, Moe-aye, Woods-aye, Bromann-aye, Clementz-aye, Skinner-
aye, Baker-aye. Unanimous approval.
Page 6 of 7
3. ZBA 2008-07 John Paravola, petitioner, is requesting relief from Section
10-11-4 A requiring the enclosure of certain parking spaces and Section 10-
7B-8C, exceeding the number of apartments allowed in a business building.
The property is located at 119 and 125 W. Hydraulic St.
Bromann moved and Funkhouser seconded the motion to open the Public Hearing.
Mr. Paravola said he is trying to convert 2 downstairs units back to residential for a 3-
year period. He and his wife own the building, which is now vacant. Due to the
economy, they cannot afford to keep the building unless some relief is granted. He said
the units were actually apartments before he purchased the building. He said the end unit
would remain B-3. After the 3-year period, the 2 units would go back to B-3.
There is no sprinkler system at this time, but Mr. Paravola said he would have that
installed.
Travis said a"special use" is required to have apartments in a business building. He
added that there is not enough room to have a covered parking space for each unit as
specified by code and this would require a variance. He said the ordinance allows for a
special condition and the Plan Commission has already recommended such for a 3-year
period.
The variance request is tied to the property, said Miller. Mr. Kurtzman said a motion can
include a"condition"to tie it to the special use. Miller stressed there are two distinct
questions. The Plan Commission addressed the special use and the ZBA will consider
the two variance requests.
Skinner said he applauded Mr. Paravola's effort and that the building probably could not
be sold right now due to the economy. Mr. Paravola added that if he cannot proceed with
his plan, the building would likely go to foreclosure.
At this time, the Public Hearing was closed on a motion by Skinner and second by
Bromann. Voice vote approval.
Mr. Kurtzman then reviewed the Finding of Fact.
Motions:
Funkhouser made a motion to approve ZBA 2008-07 granting relief from Section 10-11-
4 A regarding the required enclosed spaces. Clementz seconded the motion.
Roll call vote: Moe-aye, Woods-aye, Bromann-aye, Clementz-aye, Skinner-aye,
Funkhouser-aye, Baker-aye. Unanimous approval.
A second motion was made by Funkhouser to grant relief from Section 10-7B-8C
regarding the number of apartments in a business building. Moe seconded the motion.
Page 7 of 7
Roll call vote: Woods-aye, Bromann-aye, Clementz-aye, Skinner-aye, Funkhouser-aye,
Moe-aye, Baker-aye. Unanimous approval.
This matter moves forward to City Council on December 9t'.
4. ZBA 2008-08 CMP Properties & Development, petitioner Filed an application
requesting a variance to the Zoning Ordinance, Chapter 10, Section 2.13
seeking reestablishment of residential use after a 12 month period of
discontinued use. The property is located at 11925 Route 34 and consists of
2.9 acres.
Skinner moved and Bromann seconded a motion to open the Public Hearing. Voice vote
approval.
Property owners Paul Sestak and Chris Pieszko, were present. Mr. Sestak said their
property is at the NE corner of Eldamain and Rt. 34 and was purchased about 2 years
ago. Due to the poor economy, they have been unable to develop the vacant property that
consists of a 16-year old home and building for a business. The petitioners wish to rent
the home since it has been vacant more than one year. The variance being requested is
for the ability to rent the house since it is zoned B3.
There was no further discussion and Skinner moved to close the Public Hearing with a
second by Clementz. Voice vote approval.
Ms. Kurtzman then reviewed the Finding of Fact.
Motion:
Skinner moved to approve ZBA 2008-08 seeking reestablishment of residential use for 48
months, following a 12-month period of discontinued use. Funkhouser seconded the
motion.
Roll call vote: Clementz-aye; Skinner-aye, Funkhouser-aye, Moe-aye, Woods-aye-,
Bromann-aye, Baker-aye. Unanimous approval.
This item will move to the December 9t' City Council meeting.
Additional Business:
Travis said that on December e, there will be a meeting on the Integrated Transportation
Plan at 7pm in the Library. A consultant has been hired by the City to create this plan
with a focus on a trail system and downtown streetscape.
There was no further business and the meeting was adjourned on a motion by Skinner
with a second from Moe. Voice vote approval.
Meeting adjourned at 9:36pm.
Minutes respectfully submitted by Marlys Young, Minute Taker
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8 1 9 N F A C T 0 R Y L L C
123KIng5treet 4811WWoolworth Ave.
Elk Grove Village,IL 60007 1 Mlhvaukee,Wi 53218
T 847.725.8000 T414353.3666
F 847.725.8005 F 414353.6828
November 14,2008
Anna Kurtzman '
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Via e-mail: akurtzman(a),vorkville.il.us
RE: ZBA 2008-05
Dear Anna:
Per your email dated November 4, 2008, I am submitting the information requested in your letter
some of which was submitted to Annette Williams on October 10, 2008.
1. Correct Parcel Number: 05-05-229-012
2. Update list of property owners within 500 feet of subject property: Please see attached
revised Exhibit B.
3. Update Site Plan: Please see attached preliminary site plan used for issuance of building
permit. We affirm that the location of the proposed monument will be adjusted as not to
sit on the public easement measuring 20 feet wide.
A. Elevation of the grade at the center line of both Bridge Street and Beaver Street is zero
(0). Ultimate grade elevation of proposed sign is six feet two inches (6' —2").
B. Per my November 14, 2008 telephone conversation with William Dettmer, Code Official
of the United City of Yorkville,the 25 foot triangle is not required as the proposed sign
sits greater that 25 feet from the corner of Route 47 and Beaver Street. The actual
location is 158.82 feet west of the corner.
C. Illumination: We are prepared to confirm that illumination meets the ordinance
requirements.
Should you have any questions or concerns,please feel free to give me a call.
Sincerely,
Candace H. Wise
Project Manager
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8 1 6 N F A C T 0 R Y L L C
123 King Street 4811 W Woolworth Ave.
Elk Grove Village,IL 60007 Milwaukee,WI 53218
T 847.7259000 7414.353.3666
F 847.7259005 F414.353.6828
Merlins 200,000 Miles Variance Request
Exhibit B
Parcel Number Property Owner
05-04-151-007 Water Products Co of IL, Inc.
P.O.Box 50
Aurora, Illinois 60507
05-04-151-019 James W& Andrea Schwebke
20 Lakeside Court
Yorkville, Illinois 60560
05-05-226-005 First National Bank of DeKalb
1207 Badger
Yorkville, Illinois 60560
05-05-226-012 Duntov-Davidson,Inc.
1207 Bridge Street South
Yorkville, Illinois 60560
05-05-228-005 Bristol Kendall Fire District
103 Beaver Street East
Yorkville, Illinois 60560
05-05-228-006 Bristol Kendall Fire District
103 Beaver Street East
Yorkville,Illinois 60560
05-05-228-007 Bristol Kendall Fire District
103 Beaver Street East
Yorkville, Illinois 60560
05-05-228-008 Meadow Vale, Inc.
109 Beaver Street East
Yorkville, IL 60560
05-05-228-009 Ronald& Sharon Cobb, Jr.
Cobb Condo Association 106
106 Colonial Parkway
Yorkville, Illinois 60560
05-05-252-001 S &K Development, Inc.
P.O. Box 307
Yorkville, Illinois 60560
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AFFIDAVIT
STATE OF ILLINOIS )
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COUNTY OF KENDALL )
I, Candace H. Wise, being first duly sworn, do hereby state under oath that to the
best of my knowledge the attached list is a true, correct and complete list of all
permanent parcel numbers, and names and addresses of owners, of all lots and parts
of lots located within 500 feet (exclusively of any public streets and alleys) of the
property legally described on the attached application for annexation, rezoning, special
use permit, planned unit development, variation, or other zoning amendment. I further
state that said list was obtained from the current tax rolls of the Kendall County
Treasurere's Office. I further state that I mailed by U.S. Certified Mail, Return Receipt
Requested, a copy of the Public Notice of Public Hearing before the United City of
Yorkville Plan Commission for the Public Hearing held on Wednesday, December 3,
2008, at the United City of Yorkville, City Hall Council Chambers, Yorkville, Illinois.
The notice was mailed to the attached list of all of the permanent parcel numbers and
names and addresses of owners at the U.S.Post office on November 14, 2008.
Candace H. Wise, Petitioner
Subscribed and sworn to before me this
14a'day of November, 2008 Gftij is. e"" u�LC os
Notary Public