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ZBA Minutes 1984 03-08-84 i MINUTES OF THE ZONING BOARD OF APPEALS OF THE CITY OF YORKVILLE HELD AT _CITY HALL ON MARCH 8, 1984 AT 7:00 P.M. re: Demetralis Petitition Chairman Martin Behrens called the meeting to order. The following members were in attendance: Mr. Behrens, Mr. Lindblom, Mr. Becker, and Mr. Medin. Also present were Robert Davidson, Dan Kramer, and James Hayden. Chairman Behrens read the notice of public hearing. The notice stated that the petitioner, Peter Demetralis, was requesting annexation into the City of Yorkville and zoning of his property to B-2. Chairman Behrens stated that there was no one present in behalf of the petitioner, Peter Demetralis. Dan Kramer stated that he had received a call from Mr. John Gottlick, Demetralis's attorney, and he said that they wished a continuous of 30 days on the hearing due to family matters, and that they did not wish to withdraw from the petition. Chairman Behrens asked if there was a motion that there be a continuance of 30 days, which would be the second Thursday of April. Mr. Lindblom moved the motion and'Mr. Becker seconded it. A roll call vote was taken. Mr. Becker--aye Mr. Lindblom--aye Mr. Medin--aye Mr. Behrens--aye Motion carried unanimously. Chairman Behrens stated that the second item of business was the Peterson's petition on the airstrip landing. Chairman Behrens felt that this was out of our jurisdiction. The petitioner was not present. Mr. Lindblom moved that the meeting be adjourned. Mr. Becker seconded it. All present voting aye. The meeting was adjourned. Debbie Robertson, Secretary e NOTICE OF PUBLIC HEARING 1 The Zoning Board of Appeals of the United City of the Village of Yorkville will hold a Public Hearing at 7 :00 P.M. on /""''C1(h, Ir) , 1984 , at the City Hall , Jefferson & Madison Streets, Yorkville, Illinois , to consider the Petition of Peter John Demetralis to annex , and to rezone and reclassify to B-2 Business Districting , the following real estate : TRXT 1: That part of the North west QW11'ter of Soc tioll Z8, 'fownship '}7 North, lunge 7 East of the '11 ird Principal Meridi:m, doscr ibed as, follows: Com wincing at the intersection of U.S. Route No. 34 With the Easterly right-of.-way line of Illinois Route No. 47; thence Easterly a.long said center line, 282.21 feet to a point hereinafter described as point "A", thence Easterly along said center line, 2S6.0 feet; thence North 06°05'27" bast along a line which forms an angle of 9100S'21" with said center line (measured from East to North) , 250.0 feet for a point of beginning; thence North 82° 49112" West parallel with said center line, 255. 56 feet to a line drawn North 06°11123" East parallel with said Easterly right-of-way from point "R", aforesaid; thence North 82°34'05" west parallel with the Southerly line of premises conveyed to the Old Second National Bank of Aurora as Trustee by document No. 79-3006, 397.16 feet to the original center line of said Route 47; thence North 06°11 '23" East along said original center line, 395.89 feet to the Southwest corner of said Old Second ,rational Bank of Aurora tract; thence South 82 034105" Fast along said Southerly line and said Southerly line extended, 652.07 feet to a line drawn North 06°05127" East from the point of beginning; thence South 06005'27" West, 394. 78 feet to the point of beginning; (except that part lying within said TIlinois Route No. 47) in the Township of Bristol, Kendall (.:ounty, 11linois.. TRACT 2: That part of the Northwest Quarter of Sectic�,i 28, Township �7 �Nnrt.lt, ??ange 7 East of the "lhi.rd Principal Meic idi m. described as follows: Cornmenci.ng at. the intersection of the East right-of way line of- !11inois Route 47 and the center line of U.S. Route 34 , for the point of beginning, thence Easterly along the center line of U. ,. kontc 34 a distance of 282. 21 feet; thence Northerly parallel with the blast right-of-way line of Tllinois Route 47 a distance of 250 4feet; thence Westerly along a l L e which is parallel to the Northerly line of lands conveyed to John D)enictral i.s and .Anna Demetralis by deed dated October 18, 1138 and recorded in Book 91 at page 474 as Document 69176, in the Kendall County Recorder's Office, Kendall County, Illinois, to said ha.sterly line of I11inois Route 47; thence Southerly along the East right-of-way line of Illinois Route 47 to the point of begiruiing, in the Township of Bristol, Kendall County, Illinois. All persons desiring to be heard may appear at that time . Copy of said Petition is available for review at the off ice of the City Clerk, 610 Tower Lane , Yorkville , Illinois . Dated this /1�0/t day of �t� 1984, at Yorkville , Illinois . ,G. is"u, CITY CLERK ------- _ CITY--OF YORKViLL 144 It 19Ppkov a o � 2 o ��'t�t1 - 3-8-ley• ZULKEY. PIKARSKI AND GOTTLICK v i ATTORNEYS AT LAW SUITE 617 77 WEST WASHINGTON STREET CHICAGO. ILLINOIS 60602 (312) 782-9351 JOHN D.GOTTLICK DU PAGE COUNTY OFFICE JOHN J.PIKARSKI.JR. 223 BURLINGTON AVE. RICHARD E.ZULKEY SUITE E PAUL T.ROZMAREK CLARENDON HILLS.IL 60514 -- - 13121 654.3160 OF COUNSEL ROBERT W.SOELTER January 19, 1984 Daniel J. Kramer, Esquire City Attorney 308 South Bridge Street Yorkville, Illinois 60560 RE: Demetralis PreAnnexation Agreement Dear Mr. Kramer: Please take this as our offical request on behalf of Peter John Demetralis, a beneficial owner of Land Trust #1595 and #1713 of the Old Second National Bank of Aurora as Trustee thereunder for the annexation and re-zoning of the properties contained therein located approximately at the intersections of Route 47 and Route 34 in the County of Kendall, Illinois for the twofold purpose of: a. The annexation of the captioned property to the P P P Y United City of the Village of Yorkville, and b. For the creation of a zoning status thereof of B-2. Yorkville' s highest business districting. Simultaneously, therewith, we would make application for a recom- mendation by the Building and Zoning Commission that a liquor ,license be issued for the Yorkville Y Mart as a package-class li- cense for the existing liquor store, All as pursuant to a certain document entitled "Demetralis Preannexation Agreement" which you have previously sent to me on October 21, 1983. Please be advised that the majority, beneficial ownership of both of these land trusts rests with the Old Second National Bank as Guardian of the Estate of Anna Demetralis (Peter' s Mother), a Disabled Person. I would not anticipate any objection from them ZULKEY. PIKARSKI AND GOTTLICK Daniel J. Kramer, Esquire January 19, 1984 Page Two but the terms of this matter are obviously inter-related. The benefit of your reply would sincerely be appreciated. Sincerely yours, ZULKEY, PIKARSKI AND GOTTLICK John D. Gottlick JDG:mcg i STATE OF ILLINOI4 ) ss. COUNTY OF KENDALL ) DEMETRALIS PREANNEXATION'AGREEMENT THIS AGREEMENT entered into as of the day of , 1983, by and between OLD SECOND NATIONAL BANK, Trust #1595, (hereinafter referred to as "Owner") , and THE UNITED CITY OF THE VILLAGE OF YORKVILLE, a municipal corporation located in Kendall County, Illinois (hereinafter referred to as "City") ; WHEREAS, the Owner is the owner. of record of the real property legally described in attached Exhibit "A" and Exhibit "B", and by this - reference made a part hereof, which property is located in the Township of Bristol, County of Kendall and State of Illinois, and is hereinafter referred to as the subject property; and WHEREAS, the subject property described is not within the corporate limits of any municipality and is contiguous to the United City of the Village of Yorkville; and WHEREAS, no electors reside on the above described real estate; and WHEREAS, it is the desire of the Owner to annex the subject property to the United City of the Village of Yorkville, in accordance with the terms and conditions of this agreement; and WHEREAS, it is the desire of the City that the subject property be annexed to the City and zoned in accordance with the terms and conditions of this agreement; and WHEREAS, the Owner will cause the subject property to be annexed to the United City of the Village of Yorkville, pursuant to the terms and conditions of this agreement; and WHEREAS, the Owner proposes that the subject property be classified under the United City of the Village of Yorkville Municipal Zoning Ordinance as follows: Legal Description shown in B- Attached Exhibit "A": Business District Legal Description shown in B- Attached Exhibit 'B": Business District and W WHEREAS, the Plan Commission of the United City of the Village of Yorkville mast heretofore schedule a public hearing on the application of the Owner to approve the proposed Annexation, and upon the application of the Owner to classify the subject property in the zoning districts, as requested herein and in an accompanying petition to annex to the United City of the Village of Yorkville, which shall be filed by Owner within thirty (30) days of the execution of this agreement; and due notices of said public hearing shall be published in the manner required by law, and said public hearing shall be held in all respects in the manner conforming to Illinois Revised Statutes in such case made and provided; and WHEREAS, the Plan Commission of the United City of the Village of Yorkville shall make its report and recommendations to the Mayor and City Council of the United City of the Village of Yorkville with respect to the said proposed annexation, and the proposed zoning classifications, all in accordance with the ordinances of the United City of the Village of Yorkville; and WHEREAS, the notice of a public hearing on this proposed annexation agreement must be given in the manner provided by law, .and the corporate I authorities of the United City of the Village of Yorkville shall hold such hearings as are prescribed by the provisions of Section 15.1 of the Illinois Municipal Code (Illinois Revised Statutes, Chapter 24, 91-15.1-1 et seq. , 1981) ; and WHEREAS, the owner shall cause an affidavit to be recorded with the Kendall County Recorder of Deeds, stating compliance with all notice provisions of the said proposed annexation, as required by 97-1-1 of the Illinois Revised Statutes, Chapter 24, V-1-1, et seq. (1981) ; and WHEREAS, the Building and Zoning Committee of the City Council, in its report, has indicated that it approves said annexation and said zoning classifications, and finds that the uses proposed would be the highest and best uses of the said property; and further recommends that the City Liquor Control Commissioner shall issue for the legal description contained in Exhibit "B" a '' liquor license of "Restaurant Class" to Owner or its nominee so long as the - 2 - .. ;. ,,P applicant for said license shall conform to all the requirements of Chapter 43, Illinois Revised Statutes (1981) , commonly referred to as the"Liquor Control Act;• or any successor statute governing the qualifications of any person to hold a valid liquor license, and that it is further recommended by the Building and Zoning Commission that a liquor license be issued to the Yorkville "Y" Mart for the real estate described in Exhibit "A" as a "Package Class" license for its existing liquor store; and WHEREAS, the Owner shall have no duty to proceed with its annexation request unless all conditions and covenants contained in this Preannexation Agreement are approved by the United City of the Village of Yorkville; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinbefore set forth, the parties hereto agree as follows: 1. That the Owner shall, within thirty (30) days from the date of the execution hereof, file with the City Clerk of the United City of the Village of Yorkville, a duly executed final and formal petition, pursuant to and in accordance with the provisions of §7-1-8 of Chapter 4 of the Illinois Revised Statutes (1981) , to annex to the United City of the Village of. Yorkville the property legally described herein in Exhibits "A" and 'B" attached hereto and made a part hereof by reference; and that the City hereby agrees to adopt an ordinance annexing the aforesaid property to the City, upon the terms and conditions set forth in this agreement, and to record such ordinance with the Recorder of Deeds of Kendall County, Illinois; and to file such an ordinance with the County Clerk of Kendall County, Illinois. 2. It is expressly understood and agreed, however, that this pre- annexation agreement has been executed and the aforesaid petition for annexation will be submitted by the Owner in reliance upon the representation of the -City that the Mayor and the City Council will adopt, within sixty (60) days from the filing of the petition for annexation, such ordinances as may be necessary to validly zone and classify the aforesaid property.in the manner hereinafter provided. - 3 - 3. The City hereby agrees to adopt and approve simultaneous with the adoption of an ordinance annexing the subject property an ordinance classifying the subject property described in Exhibits "A" and "B" as follows: Legal Description shown in B- Attached Exhibit "A" Business District - Legal Description shown in B- Attached Exhibit 'B" Business District 4. It is further agreed that this agreement may be amended by mutual consent of the parties hereto by the. adoption of an ordinance by the City amending the terms of this agreement and acceptance of the same by the Owner or its successors, heirs and assigns. IN WITNESS MiEREOF, the following persons have hereunto set their hands and seals, as Owner, and the United City of the Village of Yorkville, and have caused this instrument to be executed by their Iproper officers duly authorized to execute the same the day and year first above written. UNITED CITY OF THE VILLAGE OF YORKVILLE, an Illinois municipal corporation BY: ATTEST: City Clerk - 4 -