Ordinance 1990-27 8K 3f
FILED FOP, RECORD
KENDALL CC UN��7Y/I I�L,
DOC. #
9,,/ LL^
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ORDINANCE NO. 199o-
ORDINANCE REZONING AND RECLASSIFYING REAL ESTATE RECORDER OF DEEDS;
AND'
APPROVING, A PLANNED UNIT DEVELOPMENT
(-HELEN JO CLARAGE)
WHEREAS, HELEN JO CLARAGE, Trustee of the JAMES B. CLARAGE
DEFINED BENEFIT PENSION PLAN, as the record owner of the real
estate situated within the corporate limits of the City of
Yorkville, Kendall County, Illinois, and legally described on
Exhibit "A" attached hereto and made a part hereof has heretofore
caused to be filed with the corporate authorities of the City of
Yorkville a Second Amended Application for Zoning, Variation, and
Planned Unit Development for said real estate; and
WHEREAS, said real estate is presently zoned R-1 under the
zoning ordinance of the City of Yorkville; and
WHEREAS, the applicant has petitioned for the
reclassification of said real estate from R-1 to R-3 , General
Residence District and has requested the following variations
from the strict letter of the Zoning Ordinance, to wit:
A. Lot width and building line: reduce required lot width
from 90 feet to 87 feet (Zoning Ordinance Section 6 . 03 (d) ( 2) ) .
B. Front yard: Reduce required front yard from 30 feet to
20 feet 6 inches (Zoning Ordinance Section 6. 03 (g) ( 2 ) ) .
C. Vary the strict requirements of the zoning ordinance to
permit guests parking in required front yard (Zoning Ordinance
Section 9. 03 ( f) ) .
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D. Permit the construction and maintenance of a six ( 6 )
foot fence or wall around the entire perimeter of the parcel
(Zoning Ordinance Section 3 . 13 ) ; and
WHEREAS, the application has , in all respects, been
considered by the Plan Commission, the Zoning Board of Appeals,
and the City Council as an application for a Planned Development
of the real estate and the City desires to treat the application
and the petitioner has consented to the treatment of the
application as an application for Planned Development;
WHEREAS, the Plan Commission of the City has heretofore
conducted a hearing on the application and has recommended to the
City Council that the real estate be rezoned and reclassified to
R-3 , General Residence District to permit the development of said
real estate into a three ( 3 ) unit apartment building, as a
Planned Development, as depicted on the Exhibits attached hereto
and made a part hereof; and
WHEREAS, the Zoning Board of Appeals has heretofore
conducted a public hearing on the requested variations and has
recommended that the requested variations be granted, with
certain limitations hereinafter set forth; and
WHEREAS, the City Council has voted to accept the findings
and recommendations of the Plan Commission and the Zoning Board
of Appeals and to grant the requested rezoning and approval of
the Planned Development in accordance with the Zoning Ordinance
of the City and in accordance with the further terms and
provisions of this ordinance.
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NOW, THEREFORE, be it Ordained by the Mayor and City Council
of the United City of the Village of Yorkville, Kendall County,
Illinois, as follows:
Section 1: In accordance with the Zoning Ordinance of the
City, the real estate described herein on Exhibit "A" , attached
hereto and made a part hereof, be and the same is hereby rezoned
and reclassified from R-1 , One-Family Residence District to R-3 ,
General Residence District.
Section 2 : In accordance with the recommendations and
findings of fact from the public hearing of the Zoning Board of
Appeals, the following variations are granted:
A. Lot width and building line: Required lot width is
hereby reduced from 90 feet to 87 feet.
B. Front yard: Required front yard is hereby reduced from
30 feet to 20 feet 6 inches.
C. Parking: Guest parking shall be permitted in the
required front yard, provided, however, that said parking shall
be confined to parking spaces seven ( 7) and eight ( 8 ) as
delineated on Conceptual Site Development Plan attached hereto as
Exhibit "B" .
D. The construction and maintenance of a six ( 6 ) foot fence
or wall around the entire perimeter of the zoning parcel shall be
permitted; provided, however, that ten ( 10) foot high fencing
sal be provided along the Southerly portion of the Westerly
line of the real estate as delineated on the Conceptual Site
Development Plan attached hereto as Exhibit "B" , said fence to be
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BK 3 2 . PG
constructed in accordance with the Conceptual Fence Design
Information attached hereto and made a part of Exhibit "B" , to
the extent that such fence or fencing is allowed or permitted in
the flood plain or flood way of the Fox River. If a permit for
the installation of the fence is denied by the City or by the
State of Illinois or by any other regulatory agency, then the
provisions of this subparagraph shall be deemed complied with by
the planting of pine trees ( seven ( 7) feet in height at the time
of planting) on eight ( 8 ) foot centers within the area otherwise
to be fenced with the ten ( 10 ) foot fencing.
The application having been considered as a Planned
Development, development of the site for a three ( 3 ) unit
apartment building (or optional two ( 2 ) unit apartment building)
shall be in substantial conformity with the Conceptual Site
Development Plan attached as Exhibit "B" . In the event that the
real estate is not developed for multi-family or duplex use but
is developed, rather, for single family use, then the development
thereof shall not be considered to be a Planned Development and
the requirements of the Conceptual Site Development Plan, Exhibit
"B" , including the fencing (pine trees in lieu thereof)
requirements , shall not be applicable to the development of the
real estate.
Section 3 : This ordinance shall be in full force and effect
from and after its passage and approval as provided by law.
Section 4 : The invalidity of one or more of the sections or
clauses of this ordinance shall not have any effect on the
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validity of other sections , clauses or provisions hereof.
PASSED by the City Council of the United City of the Village
of Yorkville, Kendall County, Illinois, this /'.`) r�i. day of
1990 .
APPROVED by the Mayor of the United City of the Village of
Yorkville, Kendall County, Illinois, this /,�j�i_ day of
1990 .
Mayor
ATTEST:
Clerk
Thomas W. Grant
Attorney at Law
P.O. Box 326
Yorkville, IL 60560
(708 ) 553-0088
Atty Reg. No. 01035002
DW5\A: \CLARAGE
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EXHIBIT "A"
LEGAL DESCRIPTION
That part of the Northeast Quarter of Section 32 ,
Township 37 North, Range 7 East of the Third Principal
Meridian, described as follows : Commencing at an iron
stake at the Northwest corner of York Valley
Condominium, Yorkville, Kendall County, Illinois, as
shown on plat recorded as Document No. 77-7836 ; thence
Westerly along the Southerly line of River Street,
90 . 50 feet to the West line of Lot 7 as shown on plat
recorded in Plat Book 1 at Page 84 (being the East line
of the Mill Lot) for the point of beginning; thence
Southerly along said West line, which forms an angle of
88° 14 ' 00" with the last described course (measured
clockwise therefrom) , 308 . 0 feet to the Northerly bank
of the Fox River; thence Northeasterly along said
Northerly bank, 115 . 0 feet to the Westerly line of said
York Valley Condominium; thence Northerly along said
Westerly line, 228. 33 feet to the Northwest corner of
said York Valley Condominium; thence Northerly along
the extension of said Westerly line, 25. 0 feet to the
center of River Road; thence Westerly along said center
line to the Northerly extension of said Westerly line
of Lot 7 and said Easterly line of the Mill lot; thence
Southerly along said extension, 25 . 01 feet to the point
of beginning in the United City of the Village of
Yorkville, Kendall County, Illinois.
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EXHIBIT -C-
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DATE ' 9-19-90
a °'A�Ea
1 FO_ R'MATIO N FOX RIVER TOW NHOM ES Ey 64 ORLAND SQUARE DRIVE
_- 214 RIVER STREET YORKVILLE. IL. FnSP,n l70 49-8177 ORLAND PARK,IL'. 60462
�errxUX)g METAL POST.. WOOD OR META
BETWEEN COAT
DESIGN -B- NORTH
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9 SPACES @ 10'-0" = 90'-0" of loft. HIGH- SEMI-SOLID 13 SPACES @ 10'-0" = 130'--
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i DESIGN -C-
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ZL ALTERNATE BID FOR -C-
ADDITIONAL WOOD OR-METAL POSTS
`��T�A� OPTIONAL GAZEBO TO SECURE THE loft HIGH
'U SOLID FENCING STRUCTURE
PLAN -
ALTERNATE BID FOR -D- TO j
BE FOR METAL.&/or.WOOD' .
VERTICLE MEMBERS
TREATMENT PLANT SIDE
600 - 2X8 WOOD BRACING FRAMING AS REQUIRED .. _ _�-;-._._._ _. .
_ _
. 1X10 DIAGONAL WOOD SIDING STAINED - ALT DESIGN -D
ALT DESIGN -B-
_ 590 8X8 POST i
(PRELIMINARY *OPTIONAL' DESIGN**
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POST/FOUNDATION
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Gates con be operated manually or can be motorized
;OTE:DUE TO GRADE VARIATIONS, FENCING
MIGHT MAY VARY FROM 6'.-7'± IN HEIGHT