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Ordinance 2015-09 i-'9 E_ Ek 16 j 41z RECORDED. 3/10/20.5 i:14 P-M CIRLI. 50.00 WsP"_ Fut 12.00 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2015-09 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, APPROVING A SPECIAL USE FOR A SINGLE-FAMILY APARTMENT IN A BUSINESS BUILDING (711 North Bridge Street) Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 24"'day of February, 2015 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on March 9, 2015. Ordinance No. 2015- —F— AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING A SPECIAL USE FOR A SINGLE-FAMILY APARTMENT IN A BUSINESS BUILDING (711 North Bridge Street) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 511-1-1, et seq.), the Mayor and City Council of the City (collectively, the "Corporate Authorities") may provide for the classification of special uses it its zoning ordinances; and, WHEREAS, pursuant to the United City of Yorkville Zoning Ordinance (the "Zoning Code"), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and, WHEREAS, Daniel Statkus ("the Applicant") for the owner, Federal Home Loan Mortgage Corporation ("the Owner") of the property located at 711 North Bridge Street, legally described in Exhibit A, attached to and made a part of this Ordinance (the "Subject Property"); and, WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a designated B-3 Service Business District, and single-family apartments are allowed in this district under a special use permit; and, WHEREAS, the Corporate Authorities have received a request from the Applicant for a special use permit for the Subject Property to allow an apartment; and, WHEREAS, a legal notice of publication regarding a public hearing before the Plan Commission on the proposed special use permit was duly published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public hearing; and, WHEREAS, notice to property owners within 500 feet of the Subject Property identified for the special use permit was delivered by certified mail; and, WHEREAS, the Plan Commission convened and held a public hearing on the 11th day of February, 2015, on the question of the special use application; and, WHEREAS, the Plan Commission reviewed the standards set forth in Section 10- 14-6(F) of the Zoning Code; and, Ordinance No. 2015-( 9 Page 2 WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the approval of the special use for the Subject Property for an apartment in a business building on the Subject Property. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: The Corporate Authorities hereby approve a special use for the Subject Property located at 711 North Bridge Street as described on Exhibit A, for use of a single-family apartment in its business building. Section 3: That the special use granted herein shall be constructed, operated and maintained in accordance with the following plans, diagrams and conditions: A. That the Subject Property shall remain subject to the Development Agreement approved by Ordinance Number 2007-73; and, B. That pursuant to the City's new Zoning Ordinance adopted by Ordinance 2014-73, effective after the application for the special use herein, Table 10.06.01 provides that in the B-3 General Business District a multi-family dwelling is a special use but apartments above the first floor in a building used for business or as live/work space above a manufacturing use shall be permitted up to a maximum of two (2) apartments. Section 4: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of Z7C , 2015. CITY CLERK Ordinance No. 2015-qq Page 3 CARLO COLOSIMO KEN KOCH Y JACKIE MILSCHEWSKI LARRY KOT y CHRIS FUNKHOUSER ` JOEL FRIEDERS 7 ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2015. - z4a M R Ordinance No. 2015-Oq Page 4 Exhibit A Leal Description of Subject Property LOT 1, NORTH BRIDGE STREET SUBDIVISION, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM: PARCEL NO. 3KC0152, PART OF LOT 1 IN NORTH BRIDGE SUBDIVISION, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 13 IN APPLETREE COURTS SUBDIVISION, IN YORKVILLE; THENCE SOUTH 86 DEGREES 00 MINUTES O1 SECONDS EAST, 14.673 METERS (48.14 FEET) ALONG THE NORTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 DEGREES 00 MINUTES O1 SECONDS EAST 8.937 METERS (29.32 FEET) ALONG THE NORTH LINE OF SAID LOT I TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 1, 24.018 METERS (78.80 FEET) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 241.975 METERS (793.88 FEET), THE CHORD OF SAID CURVE BEARS SOUTH 09 DEGREES 02 MINUTES 33 SECONDS WEST, 24.008 METERS (78.77 FEET); THENCE SOUTH 06 DEGREES 05 MINUTES 34 SECONDS WEST, 0.467 METERS (1.53 FEET) ALONG THE EAST LINE OF SAID LOT I TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 86 DEGREES 00 MINUTES O1 SECONDS WEST 7.624 METERS (25.01 FEET) ALONG THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 06 DEGREES 21 MINUTES 00 SECONDS WEST 5.504 METERS (18.06 FEET); THENCE NORTHERLY 19.058 METERS (62.53 FEET) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 250.670 METERS (822.41 FEET), THE CHORD OF SAID CURVE BEARS NORTH 09 DEGREES 25 MINUTES 51 SECONDS EAST, 19.053 METERS (62.51 FEET) TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN# 02-28-351-027