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Ordinance 1987-09 ORDINANCE NO. 1987- AN ORDINANCE GRANTING VARIATION HORTON PETITION WHEREAS, BRETT H. HORTON, HOLMAN F. HORTON, JR. , and DONNA M. HORTON, as owners and record title holders of the real estate hereinafter described, situated in the City of Yorkville, Kendall County, Illinois, to- wit: The Northerly 120 feet of Lot 4 in Block 17 of the Original Village of Bristol, Yorkville, Kendall County, Illinois, being the premises commonly known as 208 West Center Street, Yorkville, Illinois, have heretofore caused to be filed with the corporate authorities of the City of Yorkville a Petition for Variation from the strict letter of the regulations of the Zoning Ordinance of the City of Yorkville to reduce the required lot size for said real estate in the R-2 one-family residence district from 12,000 square feet to 9,000 square feet; 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 is presently improved by a single-family residence; and WHEREAS, the Zoning Board of Appeals of the City of Yorkville, Kendall County, Illinois, has heretofore conducted a public hearing on the Petition for Variation in accordance with the provisions of Section 12.06 of the Zoning Ordinance of the City of Yorkville; and WHEREAS, no objectors were present at said public hearing and there was presented at said public hearing a letter from adjoining property owners .7' ��� stating that they had no objection to the requested variation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1 . The variation herein granted is based upon the following facts and findings: (a) Because of the particular physical surroundings, shape or topographical conditions of the property herein described, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations of the Zoning Ordinance were carried out; (b) The conditions upon which the Petition for a Variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification; (c) The alleged difficulty or hardship is caused by the Zoning Ordinance and has not been created by any person presently having an interest in the property; (d) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; (e) The variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. Section 2. That the following variation be and the same is hereby granted from the applicable provisions of the Zoning Ordinance of the City -2- of Yorkville to authorize the continuation of the existing use of said property for single family purposes under the R-2, one-family residence district classification as a conforming use: Lot size: Variation granted from 12,000 square feet down to 9,000 square feet (Section 6.02-C-3-Zoning Ordinance) . Section 3. That, from and after the effective date of this Ordinance, the Northerly 120 feet of Lot 4 in Block 17 of the Original Village of Bristol, Yorkville, Kendall County, Illinois, is, with the variation herein granted, declared to be a legal conforming lot under the Zoning Ordinance of the City of Yorkville consisting of 9,000 square feet. Section 4. All ordinances or parts of ordinances in conflict herewith be and are hereby superceded insofar as such conflict exists and insofar as they are applicable to the real estate herein described. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED by the City Council of the City of Yorkville, Kendall County, Illinois, on the 27th day of August, 1987. SIGNED by the Mayor of the City of Yorkville, Kendall County, Illinois, on the 27th day of August, 1987. Mayor ATTEST: City Clerk