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
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_
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
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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.
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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
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