Ordinance 2007-060 STATE OF ILLINOIS )
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COUNTY OF KENDALL )
ORDINANCE NO. 2007-
ORDINANCE APPROVING THE REZONING
OF CERTAIN PROPERTY FROM R -2 TO B -2 ZONING CLASSIFICATION
(Kalant Development)
WHEREAS, Don Kalant and Hitesh Patel (OWNER) are the legal owners of
record of property described on Exhibit "A" attached hereto and incorporated herein (the
"Property "), and
WHEREAS, the Property is generally located at 101 W. Center Street in
Yorkville and consists of approximately .3 acres; and
WHEREAS, under the Property is presently zoned R -2 zoned by the United City
of Yorkville under the Yorkville Zoning Code, being Title 10 of the City Code of the
United City of Yorkville, Illinois; and
WHEREAS the OWNER has made application by petition for the rezoning of the
Property to B -2 Business District; and
WHEREAS, said petition was duly referred by the City Clerk to the City Council
of the United City of Yorkville, who, in turn, referred said application to the Yorkville
Plan Commission for study and recommendation, and to the Yorkville Economic
Development Committee for recommendation of a final decision; and
WHEREAS, it is acknowledged that the existing structure on the Property will
encroach into the required B -2 setback from Route 47 by 14.83 feet, and that upon
approval of the proposed re- zoning, the building will be considered a legal non-
conforming structure in accordance with the City's non - conforming use standards set
forth in Chapter 10 (Non- conforming buildings, structures and Uses) of Title 10 (Zoning
Code) of the United City of Yorkville City Code; and
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WHEREAS, the Yorkville Plan Commission and the Yorkville Economic
Development Committee have found that the B -2 zoning classification requested is
appropriate and supported by the Comprehensive Plan for the Property, that the use
proposed will have a minimal architectural impact on the surrounding character, and that
the proposed re- zoning satisfies all other standards for re- zoning under Section 10 -14 -7
of the United City of Yorkville Zoning Code; and as such has recommended approval the
rezoning of the Property as requested; and
WHEREAS, all notice, hearing and other procedural requirements provided by
state statute and the Yorkville Zoning Code have been fully complied with; and
WHEREAS, the City has determined that the terms and conditions set forth herein
will serve a public use and will promote the health, safety, prosperity, security, and
general welfare of the inhabitants and taxpayers of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS:
1. The findings of fact and conclusions contained in the aforesaid preamble recitals
of this Ordinance are hereby determined and accepted.
2. The City Council approves the recommendation of the Plan Commission
and hereby rezones the property as follows: a B -2 Business District with the uses listed
as Permitted Uses in the B -2
3. The Yorkville City Clerk is hereby directed to file and keep on record said a
certified copy of this Ordinance after its passage and signing by the Mayor, and file said
Ordinance after its passage and signing with the applicable County Recorders Office and the
applicable County Clerk, at the earliest possible time.
4. This Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
ROBYN SUTCLIFF JOSEPH BESCO U
GARY GOLINSKI (J ARDEN JOSEPH PLOCHER U
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS
JASON LESLIE 1
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Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this o� g Day of , A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this o7K day of 6WV-A , A.D. 2007.
ATTEST:
CITY CLERK
C/54358.1
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lot 8 Block 12 Original Village of Bristol City of Yorkville, Kendall County, Illinois.
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Ordinance No. 2007 -60
Ordinance Rezoning Kalant Development Property
After city council approved this ordinance on August 28, 2007, it was discovered that the
petitioner had not notified the surrounding property owners of the proposed rezoning. A new
public hearing was held and this ordinance was replaced by Ordinance No. 2008 -23, approved on
March 25, 2008.