Ordinance 1994-30 i 1994--_
AMENDED 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 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 one foot 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 one foot permitting a chimney to be located on said residence
within the ten foot side-yard for one foot 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
A
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.g
PASSED THIS / DAY OF 1994.
IN1
MAY
ATTEST:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
a �
A, urcte Mop of
' Territory Annexed to the United City of the Vi//age of Yorkvi lle
/9 20
i
I 30 �. 29
---- — US h)
�L/fe
1330,9'g, /V0 I
a i
h
.fed
loo'
N
`�1 0
N 1
o n
� � o
o
o ;
589 005'00"W 1322.55'
J
I 1
IndicaLes YresenL Corporate I imiLs
3
Prepared By:
James M. Olson Associates, Ltd.
107 W. Madison St.
Yorkville, Illinois 60560
April I , 1993
i ,if 1;7rkvilld /I-n/InVPr /wrc/ of ini/) Nn 494/-R