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Ordinance 1988-17 ORDINANCE NO. ORDINANCE REZONING REAL ESTATE AND GRANTING SPECIAL USE ( KEITH R. KUCZKOWSKI and BONNIE L. KUCZKOWSKI REAL ESTATE) WHEREAS, KEITH R. KUCZKOWSKI and BONNIE L. KUCZKOWSKI, as the owners and record title holders of the real estate hereinafter described, situated in the City of Yorkville, Kendall County, Illinois, to-wit: That part of the West Half of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of Price's First Addition to Yorkville; thence Northerly along the East line of said addition, 367.63 feet to the Northeast corner of said addition; thence Northerly along a line which forms an angle of 178° 35' 34" with the last described course, measured counter- clockwise therefrom, 343.77 feet to the center line of Van Emmon Road; thence Easterly along said center line, 376.23 feet to the Westerly line of a tract of land conveyed to the Fox and Illinois Union Railway Company by a Warranty Deed dated September 15, 1911, and recorded February 28, 1912, in Book of Deeds 66 on page 283 for a point of beginning; thence Westerly along said center line 58.84 feet; thence Southerly at right angles to said center line, 300.0 feet; thence Easterly parallel with said center line, 130.82 feet to said Westerly line; thence Northerly along said Westerly line to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois, and containing 0.753 acres. have heretofore caused to be filed with the corporate authorities of the City of Yorkville a petition to rezone said real estate in order to permit the continuation of the existing uses thereon; and WHEREAS, said real estate is presently zoned R-2, one-family residence district, under the provisions of the zoning ordinance of the City of Yorkville; and WHEREAS, said real estate is now and has been for many years last passed used for commercial purposes and is presently used by the Petitioners, KEITH R. KUCZKOWSKI and BONNIE L. KUCZKOWSKI, in the radiator repair and remanufacturing business and associated uses; and WHEREAS, the Petitioners have requested a rezoning of said real estate from R-2, one-family residence district, to M-1, limited manufacturing district; and WHEREAS, the Planning Commission of the City has heretofore investigated the desirability of granting the requested rezoning, has conducted a public hearing thereon, and has recommended to the City Council that said real estate be rezoned to a B-4, special use classification, expressly authorizing the development and use of said real estate for the business of radiator repair and remanufacture, associated welding and fabrication, and for the temporary storage of wrecked vehicles for transport to the junk yard with the express provision that no such wrecked vehicle shall remain on the premises for more than thirty (30) days, and for manual transmission repair and associated repairs; and WHEREAS, the City Council of the City, after due consideration of the recommendations of the Planning Commission of the City has determined that it is in the best interests of the City to grant the aforementioned rezoning and to grant B-4, special use classification, zoning for the real estate herein described. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1 . That the real estate described herein be and the same is hereby rezoned from R-2, one-family residence district, to B-4, special use - vehicle sales and service, special use, as follows: "expressly authorizing the development and use of said real estate for the business of radiator repair and -2- remanufacture, associated welding and fabrication, and for the temporary storage of wrecked vehicles for transport to the junk yard with the express provision that no such wrecked vehicle shall remain on the premises for more than thirty (30) days, and for manual transmission repair and associated repairs. "In the use of the real estate for the temporary storage of wrecked vehicles for transport to the junk yard, the owners shall store such vehicles in such manner as to not be visible from Van Emmon Road or from adjoining properties. The owners shall, to the extent necessary, provide screening, fencing, or earthen berm on the property to render such stored vehicles not visible from Van Emmon Road or adjacent properties." Section 2. That the City Clerk of the City be and she is herewith authorized and directed to change the zoning map of the City to reflect the zoning change herein granted. Section 3. That all ordinances or portions of ordinances in conflict herewith be and are hereby repealed insofar as such conflict exists. Section 4. That this Ordinance shall take effect and be in full force and effect from and after its passage and signing by the Mayor, as herein provided. PRESENTED to the City Council of the City of Yorkville, Kendall County, Illinois, this 8th day of September, 1988. PASSED by the City Council of the City of Yorkville, Kendall County, Illinois, this 8th day of September, 1988. SIGNED by the Mayor of the City of Yorkville, Kendall County, Illinois, this 8th day of September, 1988. Mayor ATTEST: City Clerk