Ordinance 2007-072 200800005142
Filed For Record in
KENDALL COUNM ILLINOIS
RENNETTA S MICKELSON
02 -25 -2005 At 10.13 am
ORDINANCE 40.00
STATE OF ILLINOIS ) RNSR Surcharge 10.00
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007- 10%
ORDINANCE APPROVING A SIDE AND REAR YARD
SETBACK VARIANCE
(212 Spring Street Property, ZBA #2007 -34)
WHEREAS, Larry Franklin ( "Petitioner ") filed ZBA Petition 2007 -34 requesting
a variance for 212 Spring Street decreasing the side yard setback for a detached accessory
structure from 5 feet to 17 inches and decreasing the rear yard setback from 5 feet to 18
inches, on the real property which is more specifically described in the attached Exhibit
"A "• and
WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a
public hearing on October 3, 2007 with regard to said Petition, and
WHEREAS, the Zoning Board of Appeals took public comment on the issues
before it and made specific findings of fact related to the granting of the variance sought,
and
WHEREAS, testimony was made at the public hearing that rain water from the
roof of said accessory structure is presently sheeting onto a wooden fence located on
adjacent property; and
WHEREAS, the Zoning Board of Appeals failed to recommend the approval of
said requested variances from the requirements of Section 10 -3 -5A concerning setbacks
for the accessory structure to the City Council; and
WHEREAS, the Mayor and City Council of the UNITED CITY OF
YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals,
considering the public comment presented at the public hearing and have determined that
the requested variance is appropriate under the circumstances presented by the
Petitioners;
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 following Variance is hereby granted from the United City of
Yorkville Code, Title 10 3 -5A Zoning for the real property more fully described in
Exhibit "A" to permit the decrease of the minimum side yard setback for the accessory
structure from 5 feet to 17 inches and the decrease of a minimum rear yard setback for
the accessory structure from 5 feet to 18 inches, subject to the following conditions:
A. The Petitioner shall install and maintain gutter(s) and downspout(s) as
necessary to direct runoff from the roof of the accessory structure away from the
southern and western property lines no later than April 15, 2008.
B. The variance applies exclusively to the accessory structure located on the real
property on the date of this Ordinance. The use of the accessory structure (i) shall
be discontinued and the variance shall cease, as if the use were legal non-
i
conforming, in accordance with the terms and provisions of Section 10- 10 -2.A.
and B. of the United City of Yorkville Zoning Code; and (ii) shall at all times be
subject to the restrictions and limitations of Sections 10 -10 -4, 10 -10 -5, and 10-10 -
6 of the United City of Yorkville Zoning Code.
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 V JOSEPH BESCO I'1
GARY GOLINSKI V ARDEN JOSEPH PLOCHER l/
WALTER WERDERICH ri MARTY MUNNS V
ROSE ANN SPEARS I JASON LESLIE V
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
rd
Illinois, this c� Day of (90-, TO (Eli , A.D. 2007.
I
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this o?, rd day of OC 1 D6ER , A.D. 2007.
ATTEST: L ° D,
ITY CLERK
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 9, BLOCK 14 MCCLELLAN'S ADDITION TO BRISTOL, YORKVILLE,
KENDALL COUNTY, ILLINOIS.