Ordinance 1979-12 ORDINANCE GRANTING VARIATIONS
WHEREAS , ROBERT M. KYES and VIOLET M „ KYES , as the owners
and record titleholders of the real estate hereinafter described ,
situated in the United City of the Village of Yorkville , Kendall
County , Illinois , to-wit :
That part of the North East quarter of Section 32 , Town-
ship 37 North , Range 7 East of the Third Principal Meri -
dian , described as follows : Beginning at a point which
is South 45 ' East 66 feet from a point in the South line
of Block 18 of the Village of Bristol midway between the
South East corner and the South West corner of said Block
18 , thence South 89 degrees 55 ' East 160 feet to the West
line of King Street in the Village of Bristol ; thence South
45 ' East along said West line of King Street 100 feet to
the North East corner of premises conveyed to Gerald R.
Bass by deed dated July 23, 1927 , and recorded July 25 ,
1927 , in book 81 of deeds , page 62 ; thence North 89 degrees
55 " West along the North line of said premises and said North
line continued 168 feet to the Northerly corner of premises
conveyed to Gerald R. Bass by deed dated August 25 , 1927 ,
and recorded August 26 , 1927 , in book 81 of deeds , page 76 ;
thence South 45 ' East 20 feet ; thence North 89 degrees 55 '
West 20 feet; thence North 45 ' West 120 feet ; thence South
89 degrees 55 ' East 28 feet to the place of beginning , in
the Village of Bristol , Kendall County , Illinois .
have heretofore caused to be filed with the corporate authorities
of the United City of the Village of Yorkville , Kendall County ,
Illinois , an Amended Petition for Variation seeking certain variations
from the strict letter of the regulations of the Zoning Ordinance of
the City of Yorkville ; and
WHEREAS , said Amended Petition for Variation requests a variation
from the strict letter of the regulations of Section 6 .02 -C-3 of the
Zoning Ordinance of the City to authorize the issuance of a building
permit for a residential dwelling house on the easterly 108 feet of
the real estate hereinabove described , said easterly 108 feet com-
prising a corner lot measuring 108 feet by 100 feet with a total lot
area of 10 ,800 square feet , less than that required by the provisions
of Section 6 . 02•- C-3 of the Zoning Ordinance of the City ; and
WHEREAS , said Amended Petition for Variation furthermore requests
a variation from the strict letter of the regulations of Section
6 , 02-.D-3 of the Zoning Ordinance of the City of Yorkville to auth -
orize the issuance of a building permit for a residential dwelling
house on the easterly 108 feet of the parcel of real estate herein -
above described with a rear yard of 34 feet , less than that required
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by the provisions of Section 6 . 02-D-3 of the Zoning Ordinance of
the City but within the authorized variations guidelines set forth
at Section 12 06-A of the Zoning Ordinance of the City ; and
WHEREAS , ROBERT M . KYES and VIOLET M. KYES , as the owners and
legal titleholders of the real estate herein described have acknow-
ledged to the corporate authorities of the City of Yorkville that
the requested variation for allowable lot size will have the result
of reducing the square footage of the balance of the real estate ,
upon which there presently exists a residential dwelling structure ,
to 8 ,400 square feet , less than that required by the provisions of
Section 6 . 02-C-3 of the Zoning Ordinance of the City for an R-2 one-
family residence district use , and that the existing use of the bal -
ance of said real estate will become a non-conforming use under the
provisions of the Zoning Ordinance of the City of Yorkville , and that
the said ROBERT M . KYES and VIOLET M. KYES , are agreeable to a declar-
ation by the corporate authorities of the City of Yorkville that the
balance of said real estate which , as delineated , will consist of a
parcel of real estate containing 8 ,400 square feet , will constitute
a legal non-conforming use in the R-2 one-family residence district
under the provisions of Section 11 of the Toning Ordinance of said
City and that restoration , renovation and alteration of the structure
presently located thereon will be governed by the provisions of
Section 11 of the existing Zoning Ordinance of the City of Yorkville
for so long as said parcel of real estate shall contain less square
footage than that required for an R-2 one-family residence district
use under the provisions of the Zoning Ordinance of the City , and
that expanded uses of said real estate and future changes in the
uses of said real estate shall be in accordance with and governed
by the provisions of the Zoning Ordinance of the City of Yorkville
relating to variations from and amendments to the strict letter of
the Zoning Ordinance of the City of Yorkville ; 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 Amended Petition for Variation filed
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herein and has recommended the granting of the requested variations
subject to the provisions of this Ordinance , based upon the following
findings :
( a) That the easterly 108 feet of the parcel of real estate
herein described is uniquely situated and compatible for single family
residential use in view of the fact that the surrounding properties
are presently devoted to single-family residential use ; and that the
application for variations is not made by reason of a mere inconven -
ience to the owner but by reason of the fact that a valuable parcel
of residential property is not now usable due to the limitations of
the Zoning Ordinance ;
( b ) That the conditions upon which the Amended Petition for
Variation are based are unique to the property for which the vari-
ations are sought and are not applicable , generally , to other prop-
erties within the same zoning classifications ;
( 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 real estate herein described and the provisions of
the Zoning Ordinance concerning the use of the same ;
( d ) That the granina of the requested variations 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 variations will not impair an adequate
supply of light and air to adjacent property or substantially in-
crease the congestion in the public streets , or increase the danger
to the public safety , or substantially diminish or impair property
values within the neighborhood .
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 variations from the strict letter
of the Zoning Ordinance are herewith granted for the following-
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described parcel of real estate , to-.wit :
The Easterly 108 feet of the following-described parcel
of real estate : That part of the North East quarter of
Section 32 , Township 37 .North, Range 7 East of the Third
Principal Meridian , described as follows : Beginning at
a point which is South 45 ' East 66 feet from a point in
the South line of Block 18 of the Village of Bristol mid-
way between the South East corner and the South West corner
of said Block 18 , thence South 89 degrees 55 ' East 160
feet to the West line of King Street in the Village of
Bristol ; thence South 45 ' East along said West line of King
Street 100 feet to the North East corner of premises con-
veyed to Gerald R. Bass by deed dated July 23 , 1927 , and
recorded July 25 , 1927 , in book 81 of deeds, page 62 ; thence
North 89 degrees 55 ' West along the North line of said premises
and said North line continued 168 feet to the Northerly
corner of premises conveyed to Gerald R. Bass by deed dated
August 25 , 1927, and recorded August 26 , 1927 , in book 81
of deeds , page 76 ; thence South 45 ' East 20 feet ; thence
North 89 degrees 55 ' West 20 feet ; thence North 451 West
120 feet ; thence South 89 degrees 55 ' East 28 feet to the
place of beginning , in the Village of Bristol , Kendall County ,
Illinois .
That a variation be and the same is hereby granted from the
provisions of Section 6 . 02-C-3 of the Zoning Ordinance of the City
to allow the issuance of a building permit for a residential dwelling
house on said parcel of real estate with a total lot area of 10 ,800
square feet.
That a variation be and the same is hereby granted from the
regulations of Section 6 . 02-D-3 of the Zoning Ordinance of the City
of Yorkville to authorize the issuance of a building permit for a
residential dwelling house on said parcel of real estate with a rear
yard of 34 feet .
SECTION 2 : That the balance of the real estate hereinabove
described, to-wit:
The Westerly 80 feet of the following-described parcel of
real estate : That part of the North East quarter of Section
32 , Township 37 North , Range 7 East of the Third Principal
Meridian , described as fellows : Beginning at a point which
is South 45 ' East 66 feet from a point in the South line of
Block 18 of the Village of Bristol midway between the South
East corner and the South West corner of said Block 18 ,
thence South 89 degrees 55 ' East 160 feet to the West line
of King Street in the Village of Bristol ; thence South 45 '
East along said West line of King Street 100 feet to the North
East corner of premises conveyed to Gerald R . Bass by deed
dated July 23 , 1927 , and recorded July 25 , 1927 , in book 81
of deeds , page 62 ; thence North 89 degrees 55 ' West along the
North line of said premises and said North line continued 168
feet to the Northerly corner of premises conveyed to Gerald R.
Bass by deed dated August 25 , 1927 , and recorded August 26 , 1927 ,
in book 81 of deeds , page 76 ; thence South 45 ' East 20 feet ;
thence North 89 degrees 55 ' West 20 feet; thence North 45 ' West
120 feet; thence South 89 degrees 55 ' East 28 feet to the place
of beginning , in the Village of Bristol , Kendall County , Illinois ,
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having a square footage of 8 , 400 square feet , less than that required
by the provisions of Section 6 . 02-C-3 of the Zoning Ordinance of the
City for an R-2 , one-family residential district use , is hereby de-
clared to be a non-conforming use under the provisions of the Zonina
Ordinance of the City of Yorkville and that the same shall hereafter
constitute a legal non-conforming use under the provisions of Section
11 of the Zoning Ordinance of the City of Yorkville and that restor-
ation , renovation and alteration of the structure presently located
thereon shall be governed by the provisions of Section 11 of the
existing Zoning Ordinance of the City of Yorkville for so long as
said parcel of real estate shall contain less square footage than
that required for an R-2 one- family residence district use under the
provisions of the Zoning Ordinance of the City , and that expanded uses
of said real estate and future changes in the uses of said real estate
shall be in accordance with and governed by the provisions of the
Zoning Ordinance of the City of Yorkville relating to variations from
and amendments to the strict letter of the Zoning Ordinance of the
City of Yorkville .
SECTION 3 : That all ordinances or parts of ordinances in con-
flict herewith are superceded insofar as such conflict exists and
insofar as they are applicable to the real estate described herein .
SECTION 4 : That this Ordinance shall be in full force and effect
from and after its passage and approval as provided by law .
PRESENTED to the City Council of the United City of the Village
of Yorkville , Kendall County , Illinois , this _qA day of ,
1979 .
PASSED by the City Council of the United City of the Village
of Yorkville , Kendall County , Illinois , this _ day of ,
1979 .
SIGNED by the Mayor of the United City of the Village of
Yorkville, Kendall County , Illinois , this 9 day of ,
1979 ,
- Mayor
ATTEST:.. = �
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