Ordinance 1984-14A .l
.ORDINANCE GRANTING VARIATION
WHEREAS , ROBB CONTAINER CORPORATION , a Delaware corporation ,
as the owner and record title holder of the real estate hereinafter
described , situated in the United City of the Village of
Yorkville , Kendall County , Illinois , to-wit :
That part of Lot 12 ( sometimes called Sub . Lot
12 ) in Section 33 , Township 37 North , Range 7
East of the Third Principal Meridian , which
lies South of the Chicago , Burlington and Quincy
Railroad right-of-way and North of Van Emmon
Street , in the Village of Yorkville , in Kendall
County , Illinois ,
has heretofore caused to be filed with the corporate authorities of
the United City of the Village of Yorkville , Kendall County , Illinois ,
a Petition For Variation seeking a variation from the strict letter
of the regulations of the Zoning Ordinance of the City of Yorkville ;
and
WHEREAS , said Petition For Variation requests a variation from
the strict letter of the regulations of Section 8 . 01 -D-2 of the
Zoning Ordinance of the City to authorize the issuance of a building
permit for the construction of a warehouse facility on the real
estate hereinabove described with a side yard , to the East , of ten
(10 ) feet , which is less than that required by the Zoning Ordinance
of the City ; and
WHEREAS , the Zoning Board of Appeals of the United City of the
Village of Yorkville , Kendall County , Illinois , has heretofore con-
ducted a public hearing on the Petition For Variation filed herein
and has recommended the granting of the requested variation subject
to the provisions of this ordinance , based upon the following
findings :
a ) That the parcel of real estate herein described is
presently used for manufacturing purposes and that this application
is made not by reason of mere inconvenience to the owner but by
reason of the fact that a valuable portion of the parcel of real
estate herein described is not now usable for warehouse space due
to the limitations of the Zoning Ordinance .
b ) That the condition upon which this Petition For
Variation is based is unique to the property for which the variation
is sought and is not applicable , generally , to other properties
within the same zoning classification .
c ) That the aforementioned hardship is not attributable
to any activity of the owner but is occasioned by reason of the
existing dimensions of the parcel of real estate herein described
and the provisions of the Zoning Ordinance concerning the use of the
same .
d ) That the granting of toe requested variation will not
be detrimental to the public welfare; or injurious to other property
or improvements in the neighborhood in which the subject real estate
is located .
e ) That the proposed 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 .
f) That the warehouse addition proposed to be constructed
on the subject parcel of real estate will add to the assessed value
-2-
of property in the City of Yorkville for the common benefit of all
property owners in the City of Yorkville .
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 . That in accordance with the provisions of the
Zoning Ordinance of the United City of the Village of Yorkville ,
Kendall County , Illinois , the following variation from the strict
letter of the Zoning Ordinance is herewith granted for the following
described parcel of real estate , to-wit :
That part of Lot 12 ( sometimes called Sub . Lot
12 ) in Section 33 , Township 37 North , Range 7
East of the Third Principal Meridian , which
lies South of the Chicago , Burlington and Quincy
Railroad right-of-way and North of Van Emmon
Street , in the Village of Yorkville , in Kendall
County , Illinois .
That a variation be and the same is hereby granted from the provisions
of Section 8 . 01 -D-2 of the Zoning Ordinance of the City to allow
the issuance of a building permit for a warehouse facility with a
side yard , to the East , of ten ( 10 ) feet , which is less than that
requirjed by the Zoning Ordinance .
Section 2 . That all ordinances or parts of ordinances in
conflict herewith are superceded insofar as such conflict exists
and insofar as they are applicable to the real estate described
herein .
Section 3 . That this Ordinance shall be in full force and
effect from and after its passage and approval as provided by law.
-3-
• r
PRESENTED to 'the City Council' of the United City of the Village
of Yorkville , Kendall County , Illinois , this 11th day of
October , 1984 .
PASSED by the City Council of the United City of the Village of
Yorkville , Kendall County , Illinois , this 11th day of October
1984 .
SIGNED by the Mayor of the United City of the Village of
Yorkville , Kendall County , Illinois , this 11th day of
October 1984 .
MAYOR
ATTEST :
City C erk