Ordinance 1994-19 ORDINANCE GRANTING VARIANCE
WHEREAS, the Petitioners, ROBERT AMENT and STEVEN AMENT as Trustees have
petitioned the UNITED CITY OF THE VILLAGE OF YORKVILLE for a variance in side-yard
requirements; and
WHEREAS, a Public Hearing was held on said side-yard variance request, and no final
action was taken by the City Council pending resolution of litigation in the cause; and
WHEREAS, it was found both by Judicial Decree in Case Number 93-CH-5 and by the
UNITED CITY OF THE VILLAGE OF YORKVILLE that no side-yard variance of any kind was
necessary for the construction of a home on Lot 2 of the Plat of Survey of part of the southeast
quarter of Section 32-37-7, in the City of Yorkville, Kendall County, Illinois; and
WHEREAS, it appears it appears that a variance is necessary of the side-yard requirement
to permit a chimney to be placed on the outside of said residence constructed on Lot 2 of said
subdivision as shown in the attached Exhibit "A" incorporated herein by reference; and
WHEREAS, a variance of six inches should be granted to petitioner to provide said
chimney as being a legal and conforming use based on a settlement reached by all parties to the
litigation in the above entitled cause and the establishment of an agreed lot line between Lot 2
and Lot 1 in the attached exhibit;
NOW THEREFORE, THE UNITED CITY OF THE VILLAGE OF YORKVILLE by and
through its Mayor and City Council agree that a variance is hereby granted allowing a side-yard
variance on the attached Lot 2 of six inches permitting a chimney to be located on said residence
within the ten foot side-yard for six inches of chimney which encroaches on said side-yard on
the north portion of the subject real property.
IT IS FURTHER ORDERED that the UNITED CITY OF THE VILLAGE OF
YORKVILLE finds that the parcel designated as Tract 2 on the attached Exhibit is found to be
a valid and legally conforming lot entitled to a building permit by the UNITED CITY OF THE
VILLAGE OF YORKVILLE and found to be a valid permitted use under the City
Comprehensive Zoning Ordinance.
PASSED THIS L&DAY OF 1994.
YO
ATTEST:
C Y CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
R
` R Plat of Survey of
Part of the Southeast Quarter of Section 32-37-7
Yorkville Kendall County Illinois
Made Pursuant to
93 CH-5 Leedy VS. Ament in the
Circuit Court for the Sixteenth Judica/ Circuit
Kendall County Illinois
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State of Illinois
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County of Kendall:
MIS is to certify that we,James M.Olson Associates,Illinois Professional Land Surveyors have Plat revised April 22,1990
surveyed the property depicted hereon in accordance with instructions given to us relative to the above
cited case.
Dated at Yorkville,Illinois February 24,1994.
James M.Okon
Illinois Professfonal Land Survr.vor No.2253
James M.Olson Assocfaf:s,_td.
107 West Madison Strz
Yorkville,Illinois 6056,.
!708)553-0050