Ordinance 2001-02 200100001-12
Fisted for Record in
KENDALL COUNTY, ILLINOIS
GAUL ANDERSON
STATE OF ILLINOIS ) 01--30-2001 At 09:26 am.
) ss ORDINANCE 18. 00
COUNTY OF KENDALL )
ORDINANCE NO. 2001-_�
ORDINANCE APPROVING VARIANCES FOR SIDE-YARD AND REAR-YARD
SETBACKS AND FOR HEIGHT VARIANCE FOR GARAGE STRUCTURE LOCATED
AT 406 HEUSTIS STREET
WHEREAS, John Shields and Laura Shields filed ZBA Petition 2000-01 requesting a
variance for side-yard and rear-yard setbacks and a height variance for the remodeling of the
existing garage, deemed a prior existing non-conforming use by Building Code enforcement
officer, William Dettmer, on their real property which is more specifically described in the
attached exhibit "A"; and
WHEREAS, the Petitioners plan to substantially improve and remodel the existing garage
on their real property to enhance the value of their 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
WHEREAS, the Zoning Board of Appeals recommended the approval of said requested
side-yard and rear-yard variances to the City Council; and
Y
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have
held a public hearing with regard to the granting of the height variance; 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 Set Back& Rear Yard Set Back: 10-3-5-A of the City Code is hereby
varied to permit the garage structure to remain on its existing foundation which is
within 5 feet of the rear and side yard property lines.
2. Height Variance: 10-3-5-A of the City Code is hereby varied to permit the
proposed garage structure to have a maximum height of 22 feet.
Should the existing, nonconforming garage ever be destroyed or further improved , then
the variance granted herein shall become null and void and the property owners shall be required
to comply with all then existing zoning and building codes.
The variances granted herein are contingent upon the construction and remodeling of the
garage structure pursuant to the design, plan and specifications presented to the Zoning Board of
Appeals and the City Council. No other variances from the City Code for design, plan or
specifications for said structure shall be permitted.
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IN WITNESS WHEREOF, this Ordinance has been enacted this day of
J
' 2001 by the City Council of the UNITED CITY OF YORKVILLE.
PAUL JAMES
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of , A.D. 2001.
MAYO
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2001.
Attest:
CITY CLERK
Prepared by & return to:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT "A"
Legal Description of Property:
That part of the southwest quarter of Section 33, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at a point on the easterly line of Heustis
Street at the southwest corner of Block 14 of Black's Addition to the Village of Yorkville; thence
southerly along the easterly line of said Heustis street 115 feet for the point of beginning; thence
easterly at right angles to said easterly line 173 feet; thence southerly parallel with the easterly line
of said Heustis Street 93 feet; thence westerly at ri ght angles to the last described course 173 feet
to the easterly line of said Heustis Street; thence northerly along said easterly line 93 feet to the
point of beginning in the United City of Yorkville, Kendall County, Illinois.
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