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Ordinance 2006-061 200600022273 Filed for Record in STATE OF ILLINOIS ) KENDALL COUNTY, ILLINOIS PAUL ANDERSON )ss 07 -24 -2006 At 03:15 am. COUNTY OF KENDALL ) ORDINANCE 51.00 RHSP Surcharge 10.00 ORDINANCE NO. 2006- Q ORDINANCE APPROVING VARIANCES FOR SIDE YARD SETBACK AND ACCESSORY STRUCTURES FOR THE BUSINESS LOCATED AT 504 SOUTH BRIDGE STREET (SPEEDWAY SUPERAMERICA) WHEREAS, Marathon Petroleum Company, LLC ( "Petitioners ") filed ZBA Petition 2006 -39 requesting a variance for the corner side yard, the transitional yard, the accessory structure, and the separation between an accessory structure and the primary structure for the business located at 504 South Bridge Street 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 June 6, 2006 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 variances sought; and Page 1 of 4 i I i i WHEREAS, the Zoning Board of Appeals recommended the approval of the applicant's requested variances with the following conditions: I a. Establish a variable height (starting at six foot high as measured from the parking lot grade at the southern end of the property) opaque fence along the existing retaining wall (eastern and northern property lines). This fence shall extend from the eastern property line to the building with a gate that would allow people to leave the property. b. Provide landscaping between the fence (see condition #1 above) and the property line of an intensity that meets the present landscape code. c. That the intensity of exterior lighting remain no more intense than the present situation. WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact and recommendations 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 THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, the following Variances are hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit "A ": Page 2 of 4 1. Reduce the corner side yard from the required 30 feet to 15 feet for the primary structure (a 50% reduction) and from 30 feet to 10 feet for the canopy (a 66 % reduction) (Section 10- 7C- 4:B.1), 2. Reduce the transitional yard from the required 30 feet to 20 feet for the primary structure (a 33 % reduction) and from 30 feet to 25 feet for the canopy (a 16% reduction) (Section 10- 7C -4:D), 3. Reduce the accessory structure setback from 5 feet to 2.5 feet for the trash enclosure (a 50% reduction) (Section 10- 3 -5:A), 4. Reduce the required separation between an accessory structure and the primary structure from 10 feet to 5 feet for the trash enclosure (a 50% reduction) (Section 10- 3 -5:A). And that said Variances shall be conditional upon petitioners providing: a. Establish a variable height (starting at six foot high as measured from the parking lot grade at the southern end of the property) opaque fence along the existing retaining wall (eastern and northern property lines). This fence shall extend from the eastern property line to the building with a gate that would allow people to leave the property. b. Provide landscaping between the fence (see condition #1 above) and the property line of an intensity that meets the present landscape code. c. That the intensity of exterior lighting remain no more intense than the present situation.; and No other variance from the City Code for design, plan or specifications for said structure is permitted by this Ordinance. Page 3 of 4 IN WITNESS WHEREOF, this Ordinance has been enacted this !' day of 2006 by the City Council of the United City of Yorkville. JAMES BOCK v. JOSEPH BESCO j VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS � JASON LESLIE J Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this `\ day of , A.D. 2006. � ors MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this t day o , A.D. 2006. ATTEST: U CITY CLERK Prepared by: John Justin Wyeth City Attorney i United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 4 of 4 i bl - � MARATHON FEE � TROLEUIVI 504 S BRIDGE ST ZONED R -1 SINGLE FAMILY HOMES NEW LOCATION FOR DUMPSTER ® O BELL_STREET - ^ (UNKNOWN RIGHT -OF- - WAY) } ^ = A9 N D7'17'ODo E 4.14'(R) r G4 S 07'16'DO" W 9.07'(M) C N 07'17 00 E 200.96'(R) _ � - -- - -- v L • S 07 °O1 04 W 4.21 (M) - - - - -• -- - � i-- -- -�__ Y AS I ^'- i �/ �� c TYP G2 ..I 3 7' -0' W L. Ld cal I. I = TYP d I K -1 #13 5' -0 18' 0' 1F5 G1 �- — — — — — �— - o c ® O o I E1,E3 TYP ® \ Z W W I c R 110' . FB - — — — — — - - -- - -- I 5 T� _0" I C1 I I ` z 5 , - Y ,a l \ BUILDING C3000 -2 I CLEAR z - G2 6' -6" _I 30' SETBACK _ _ _ _ -a 77' - 4 'X51' I MIN. O cm LL_ L F2 o co C3 D1,D2 SIN cn I !BM DUAL D1 /�� _ • - - - -- -- I a i ® oo�0 00 0 I E1,E2,E4 TYP. MJ DSL 412 . 4k1 _ _ J ZONED C -2 I- - -k - -- - -- TYP. SECOND STATE BANK OM Gds- RUL '11" — 0 - 0 - 0 W a ® ® ¢ •� ,l `Lj 1 N Z Ln _ _ I G8 I I i 00 o Ar+F� et \/ G2 14 -6' 6' -0 — A TP - I -- '---- - --t'o to m C3 C2 �; TYP 3 I--- - - - - -- N� - - - -° �` F_5 _ r - -- -- - -- --- --r---- - - - - - --- - - -- -- --- - -- r -- � 0 SETBACK _ 42 -9 ----- - - - - -- 1 Q N F4 °+ A7 51 -0 I ' ' s� 1 m - I l- 1 52' -6 o - -- _- 1 _ 62 -0' n CANOPY o FS 18, - 0" o_ 3' -0" G3 101 -0' FB f4 I TYP AS I FUTUR . D. 30 -0 85 -0' \�� - N 41'3 '52' W 27.40'(R) AS G5,G6 / H= 6915.55 3' -0" N 36' 6'34' W 28.)5'(C) 1 =707 -aV IRI 3' - 0" F10 0 A5 L= 186.07' (C) R / F10 -- 70 *,- �� - - - =- - - =_ -. • F6 F7 F7 f6 f7 F7 35' -0" 72' -0' 35' -0" 35' -0" PROPOSED APPROACH - ' + MODIFIED APPROACH _ ® STATE ROUTE 47 (BRI STREET) (80' PUBLIC RIGHT -OF -WAY) - i i I SCOPE OF WORK: I 1 NEW 2.300 SF BUILDING IN PLACE OF EXISTING. 2 SINGLE DUMPSTER ENCLOSURE. 3 (B) PARKING SPACES INCLUDING ADA. 4 EXISTING ISLANDS AND CANOPY TO REMAIN. j 5 EXISTING UNDERGROUND TANKS TO REMAIN. i 6 EXISTING ENTRANCE TO REMAIN. 7 PROPOSED 99 S.F. GOALPOST SIGN. BELL STREET I ) 1 O� I cli U1 d fi E 6e W - 12 d s. L uJ v -- 30' BSL (PER ZONING) — — - — L/ W ZL2 -------- - - - - -- 50' -6° C D / j S _6 0a 4 c* co V as = s co IN m m o � / 4 — — — — — — — — — — — — — — — — — — — — — 3D' BSL )PEA ZONING) -- — — — -- — — j ° e <�I II ll I :e _ - 10' - " v - I.D.O.T. PROPOSED R.O.W. C/7J � O a- o © I p lil Eo c 30' -O 4 4 EEma tux DAM STATE ROUTE 47 ( BRIDGE STREET) Do. �""�°" I""" EJ1EE. • PITT V eua o E `"0007113 - -- - - - -- _ .. -- -- - EuA YR. IAEE xO. DIM CP -1