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Ordinance 2004-43 STATE OF ILLINOIS ) Revised July 30, 2004 ss COUNTY OF KENDALL ) 200400022895 Filed for Record in KENDALL C:OUNTYr ILLINOIS PAUL ANDERSON 08-13-2004 At 02:54 am. ORDER 24.00 ORDINANCE NO. 2004- ORDINANCE APPROVING VARIANCES FOR 504 S. BRIDGE STREET, YORKVILLE,ILLINOIS WHEREAS,Marathon Ashland Petroleum, LLC, filed ZBA Petition 2004-08 requesting a variance from the United City of Yorkville Zoning Ordinance Section 10-7C-4.B1 reducing the corner side yard from 30 feet to 5 feet from Bell Street for the construction of a building, a variance from the United City of Yorkville Zoning Ordinance Section 10-7C-4.B1 reducing the corner side yard from 30 feet to 16 feet from Bridge Street for the construction of a building and a variance from the United City of Yorkville Zoning Ordinance Section 10-7C-4.B1 reducing the corner side yard from 30 feet to 21 feet from Bell Street and Bridge Street for the construction of a structure that being a canopy as depicted in the attached exhibit"A"; and WHEREAS,the Petitioners plan to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing 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 1 WHEREAS, the Zoning Board of Appeals did not recommended the approval of said requested variances 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, considered the public comment presented at the public hearings and have determined that the requested variances are 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, 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": 1. Side Yard: 10-7C-4.B 1 of the United City of Yorkville Zoning Code is hereby varied to permit the reduction of the corner side yard from 30 feet to 5 feet from Bell Street for the construction of a building as depicted in the attached Exhibit"A". IN WITNESS WHEREOF, this Ordinance has been enacted this 27th day of July, 2004 by the City Council of the UNITED CITY OF YORKVILLE. WANDA OHARE rp esent JOSEPH BESCO _y_ VALERIE BURD absent PAUL JAMES y LARRY KOT n MARTY MUNNS y ROSE SPEARS n RICHARD STICKA _y 2. Side Yard: 10-7C-4.B1 of the United City of Yorkville Zoning Code is hereby varied to permit the reduction of the corner side yard from 30 feet to 16 feet from Bridge Street for the construction of a building as depicted in the attached Exhibit"A". 2 IN WITNESS WHEREOF, this Ordinance has been enacted this 27th day of July, 2004 by the City Council of the UNITED CITY OF YORKVILLE. WANDA OHARE _ y JOSEPH BESCO y VALERIE BURD absent PAUL JAMES y LARRY KOT n MARTY MUNNS y ROSE SPEARS n RICHARD STICKA _y 3. Side Yard: 10-7C-4.B 1 of the United City of Yorkville Zoning Code is hereby varied to permit the reduction of the corner side yard from 30 feet to 21 feet from Bell Street and Bridge Street for the construction of a structure that being a canopy as depicted in the attached Exhibit"A". IN WITNESS WHEREOF, this Ordinance has been enacted this 27th day of July, 2004 by the City Council of the UNITED CITY OF YORKVILLE. WANDA OHARE y JOSEPH BESCO _y VALERIE BURD absent PAUL JAMES _y LARRY KOT n MARTY MUNNS _y_ ROSE SPEARS n RICHARD STICKA _y 4. Side Yard: 10-7C-431 of the United City of Yorkville Zoning Code is hereby varied to permit the reduction of the separation between the principal building and an accessory structure from 10 feet to 6 feet as depicted in the attached Exhibit"A". IN WITNESS WHEREOF, this Ordinance has been enacted this 27th day of July, 2004 by the City Council of the UNITED CITY OF YORKVILLE. 3 WANDA OHARE y JOSEPH BESCO y VALERIE BURD absent PAUL JAMES y LARRY KOT n MARTY MUNNS y ROSE SPEARS n RICHARD STICKA _y No other variances from the City Code for design,plan or specifications for said structure shall be permitted. APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of �� `� , A.D. 2004. MA� OR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this ��`l - day of �� � , A.D. 2004. Attest: CITY ERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 4 EXHIBIT "A" Plat of Survey of the Property containing the legal description of Property: 5 66/04/2004 11:07 3178723474 MARATHON ASHLAND PET PAGE 02/02 bnt ,A LEGAL DESCRIPTION (PER TITLE) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF VAN EMMON STREET, WITH THE WEST LINE OF HEUS11S STREET; THENCE SOUTH 5' 05' WEST ALONG THE WEST LINE OF HEUSTIS STREET, 314.30 FEET; THENCE NORTH 82' 39' WEST 227 FEET; THENCE SOUTH 5' 44' WEST 263.5 FEET, THENCE NORTH 83' 00' WEST 228 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 7' 17' EAST 4.14 FEET; THENCE NORTH 81' 19' 06" WEST 103.84 FEET TO THE EASTERLY UNE OF STATE ROUTE NUMBER 47; THENCE SOUTHERLY ALONG SAID EASTERLY LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 6915.55 FEET; A DISTANCE OF 207.97 FEET TO THE NORTH LINE OF FRANKLIN STREET; THENCE SOUTH 82' 48' EAST ALONG SAID NORTH LINE 112 FEET TO A POINT SOUTH 7' 17' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 7' 17' EAST 200.96 FEET TO THE POINT OF BEGINNING IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. LEGAL DESCRIPTION (PER SURVEY) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF VAN EMMON STREET, WITH THE WEST LINE OF HEUSTIS STREET; THENCE SOUTH 05 DEGREES 05 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF HEUSTIS STREET, 314.30 FEET; THENCE NORTH 82 DEGREES 39 MINUTES 00 SECONDS WEST 227 FEET; THENCE SOUTH 05 DEGREES 44 MINUTES WEST 263.5 FEET; THENCE NORTH 83 DEGREES 00 MINUTES WEST 228 FEET AND BEING MARKED WITH A 5/8" PIPE, NO CAP, FOR THE POINT OF BEGINNING; THENCE SOUTH 07 DEGREES 16 MINUTES 00 SECONDS WEST A DISTANCE OF 199.07 FEET TO A 5/8" PIPE; THENCE NORTH 83 DEGREES 00 MINUTES 49 SECONDS WEST A DISTANCE OF 92.79 FEET TO A POINT; THENCE ALONG A RIGHT—OF—WAY TAKE AS RECORDED IN JOB NO. R-93-02294 PARCEL NO. 3KL00002 (08—IL-89), NORTH 36 DEGREES 16 MINUTES 34 SECONDS WEST A DISTANCE OF 28.05 FEET TO A POINT ON THE EAST RIGHT--OF—WAY LINE OF OF STATE ROUTE 47; THENCE ALONG THE EAST RIGHT—OF—WAY LINE OF SAID STATE ROUTE 47 AND ON A CURVE WITH A RADIUS OF 6915.55 FEET, AN ARC LENGTH OF 186.07 FEET AND A CHORD BEARING OF NORTH 09 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF 186.07 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SAID STATE ROUTE 47 AND BEING MARKED WITH A 3/4" PIPE; THENCE SOUTH 81 DEGREES 22 MINUTES 05 SECONDS EAST A DISTANCE OF 103.21 FEET TO A 5/8" REBAR; THENCE SOUTH 07 DEGREES 01 MINUTES 04 SECONDS WEST A DISTANCE OF 4.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.51 ACRES MORE OR LESS ...1dms49774\SS31158e-meil.dwg 6/4/2004 9:13:33 AM MARATHON PETROLEUM of 504 S BRIDGE ST ZONED R-1 SINGLE FAMILY HOGS a NEW LOCATION FOR DUMPSTER ® O BELL STREET WW-RIGHT-OF-WAY) m ® C2 w A9 -F- C 3 G4 S 07°16`00° W 9.07 (M) N 07°17'00" E 4.14'(R) N 07°17'00" E 200.96`(R> L LL- S 07°01'04" W 4.21'(M) d�m O TYP 'I W L 5' 4 18' -0 5 G1 'OO N O W i G2 F3 TYP F4 C2 I I c ® Lo CID co y{ Z W m W I_o R�0 FS i.E3 s -- --- 15 TYPi C1 I Z 5 -0 N Q- (— I � \ BUILDING C3000-2 CLEAR ZQ "' i M ,° ° G2 6' -6" 30' SE-TB ACK IN - MIN. CD ® ------ - - -- ----- ------- - - -- -- -- -- ---- __ ---_ - ,x-��t \ 77'-4ox5l'-4° c1` Xo <o N I F- F 1 \ I N v- LL- G5. w Q � _ � 1 m G5.G6 C3 01.D2 \ 3 SIN CP `n I � SM DUAL �MP. TANS, ----- --- \ 00 000 E1.E2.E4 ol n .M DS #12 AM K-1 #13 / ZONED C-2 ---r----- TYP. SECOND STATE BANK-- I OM-0GAt�RUL "i t" o o, 000 �o o-r q - \ \ I z I---I-- - 14' -6" TYP- I \ 1 OM GA,,PU--L "10—, 00 O I ° ® J) G2 6' -0" ---- - \ Q co -----�------- �o C3 oo r++, �- TYP -------- --- --° �= F5 co 0' SETBACK 42' 9� 15' -6" 1 Go cn A7 m 51 -0" 52' -6" 'o 62' -0" M CANOPY 0 3' -p" 10' -0" Fq F8 18' 0 �o 30' -0" TY / A9 FUTUR .O. .G3 F6 85' -0" 9s- RS - _ — _ N 41°3 '52' W 27. 0'(R) A9 G5.G6 ( 3 -0 N 36. 6'34' W 28. 5'(C) 3' -0" F10 0 _ A5 L=186.07'(C) f6 F7 F7 F6 f7 F7 35' -0" 72' -0" 35' -0" 35' -0" PROPOSED APPROACH MODIFIED APPROACH _ STATE ROUTE 47 (BRIDGE STREET) (80' PUBLIC RIGHT-OF-WAY)