Ordinance 2005-029 2005001226� 0
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Y� WAL1 "A K
PAUL ,ANDE S
STATE OF ILLINOIS ) ORDI � ��� � 3-2 - 01)
DRpIWANGE
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COUNTY OF KENDALL )
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ORDINANCE No. 2005 - . - :n,,
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ORDINANCE APPROVING VARIANCE FOR REAR -YARD SETBACK FOR
RESIDENCE LOCATED AT
802 South Main
WHEREAS, Marama Leifeit ( "Petitioner ") filed ZBA Petition 2005 -09 requesting a
variance for rear -yard setback for an addition to a single family residence which is more
specifically described in the attached group Exhibit "A" (being the Petition with attached
plat); and
WHEREAS, the Petitioner plans to substantially improve the real property to
enhance the value of the property and improve the aesthetics of the neighborhood; and
WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a
public hearing with regard to said Petition, and
WHEREAS, the Zoning Board of Appeals took public comment on the issues before
it and made specific findings of fact related to the granting of the variance sought, and
WHEREAS, the Zoning Board of Appeals recommended the approval of said
i
requested variance to the rear -yard setback to the City Council; and
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE
have reviewed the findings of fact made by the Zoning Board of Appeals, considering the
public comment presented at the public hearing and have determined that the requested
variance is appropriate under the circumstances presented by the Petitioner;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made,
seconded and approved by a majority of those so voting, the following Variance is hereby
granted from the United City of Yorkville Zoning Code for the real property more fully
described in Exhibit "A ":
I. Rear Yard Setback: Section 10 -6C -4C of the United City of Yorkville
Zoning Code is hereby varied to permit the rear yard set back of the single
family residence to be seventeen and two- tenths feet (17.2').
The variance granted herein is contingent upon the construction of the residence
pursuant to the design, plan and specifications presented to the Zoning Board of Appeals
and the City Council. No other variance from the City Code for design, plan or
specifications for said structure is permitted by this Ordinance.
IN WITNESS WHEREOF, this Ordinance has been enacted thi day of
2005 by the City Council of the United City of Yorkville.
WANDA OHARE � JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this ate Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day o , A.D. 2005.
ATTEST:
U CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
EXp i e, fl
UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
630/5534350
APPLICATION
VARIANCE REQUEST
Date of Submission: /r� n
1. Name of Petitioner(s):�
Address: `n
Phone Number. ,�j r 6 0 3 Fax Number:
2. Name of holder of legal title, if different from #1:
3. If legal title is held in a land trust, list the names of all holders of any beneficial interest
therein:
4. a. Street address d physical locat of subject property: ► ., C'� 1 Y7
b. Proposed name of subdivision (if any):
c. Legal descri on of property or which zoning variance is sought: ��s A. ,.2d v .2 / � 7`Lc �
v h � �� �� - �(, .gym u � �v � • . 5cxrc�
,r
If more space is needed, attach a `Exhib t ".)
d. Kendall County Parcel Number(s) of property for which variance is sought:
/P) 6 - 32 -- X 18 -
5. Names and addresses of any adjoining or contiguous landowners and property owners within
250' of subject parcel for which variance is requested entitled to notice of petition under any
applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B ".)
6. State the variance requested and the City ordinance in uding the section numbers to be
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varied -/ � tj -- � =1
A la
n
Page 1 o 3
United City of Yorkville Variance Request Application Revised: 2127/04
7. Name, address, phone number and fax number of person to whom inquiries regarding this
petition may be directed: ;. ice cri mo
I
Attorney: Name:
Address:
Phone Number. Fax Number:
8. Submit application with a filing fee in the amount of $85.00.
Note; owner/Developer will be responsible for payment of recording fees and
costs, public hearing costs including a written transcription of public hearing and
outside consultant costs (i.e. legal review, land planner, zoning coordinator,
environmental, etc.). Should Owner/Developer not pay these fees directly, they will
be responsible for reimbursing the United City of Yorkville for the aforementioned
fees and costs.
9. Submit. 35 copies of each of the application., proposed drawings, location map, site plan, and
any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10"
x 13" envelope.
In witness whereof the following petitioner(s) have submitted this application under oath and
verify that to the best of their knowledge its contents are true and correct:
Petitioner(s) (Legal a owners signature must appear on this application.)
Subscribed and sworn before me this °� ` day of C , 200.
N Public
,,oFFlcI.AL sEB.L"
Elizabeth A, D'Anaa
Public stele of lll'Enois
My o ommisstan Expire 10-30-1
Notary Stamp
THIS APPLICATION MUST BE NOTARIZED.
Page 2 of 3
United City of Yorkville Variance Request Application Revised: 2127/04
VARIANCE REQUEST
PETITIONER ROUTE
Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the
Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for
review and to coordinate setting a meeting date for the public hearing in front of the Zoning
Board of Appeals.
Note: You must present your request at each of the meetings below as indicated
Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in
the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the
City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals
consists of 7 members appointed by the Mayor.
A Public Hearing will be held at this time for the variance request. Notice will be given by
publication by the United City of Yorkville in the Kendall County Record and certified mail by
the Petitioner to adjacent property owners within 250 feet of the subject property no less than
fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must
be filed by the petitioner with the City Clerk's office containing the names, addresses and
permanent parcel numbers of all parties that were notified.
Step 3: Committee of the Whole: The Committee of the Whole meets the first and third
Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The request will be
discussed in an informal atmosphere at the Committee of the Whole where no formal voting
takes place. This session is to discuss and consider recommendations of prior committee
meetings.
Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at
7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes
place.
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative
and Planning Consultant Fees which must be current before this project can proceed to the next
scheduled committee meeting.
Please sign and return this original (retaining a copy for your records) to the Deputy Clerk,
United City of Yorkville, 800 Game Farm Road, Y rkville, Illinois 60560.
Date: ? cF-� 4? ct,
Page 3 of 3
United City of Yorkville Variance Request Application Revised: 2127/04
P lat of Survey of
Lot 21 and Part of Lot 20 Block 6
O/d Co un ty Prop erty
Yorkville KendaV County Illinois
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Orange Street
IN = 30' 131.63'
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Co. United City of Yorkville
County Seat of Kendall County
O n 800 Game Farm Road
ESL ° =a 1636 Yorkville, Illinois, 60560
Telephone: 630 - 553 -4350
O - 1. = - Fax: 630- 553 -7575 1.
Website: www.yorkville.il . us
<IE ,V
April 13 2005
TO: Tony Graff, City Administrator
FOR: City Council
FROM: Anna B. Kurtzman, AICP'X
SUBJECT: Zoning Variance Request
802 S. Main
ZBA 2005 -09
ZBA PUBLIC HEARING:
The Zoning Board of Appeals (ZBA) conducted a public hearing on Wednesday, April 6, 2005, to
receive testimony and consider the merits of two zoning variance requests for the property listed
above. Other than the applicant, there were 4 neighbors and the applicant's adult daughter present to
support the applicant's requests.
After closing the hearing, the ZBA discussed the case and after making findings of fact (as
summarized below), voted 4 -0 to approve reducing the corner side yard setback from 30 feet to
24.4 feet. As this reduction is less than a 25% reduction in the yard requirement no action from
the City Council is required (per Section 10- 14- 5(D)).
The ZBA also voted 4 -0 to recommend approving a reduction in the rear yard setback from 40 feet to
17.2 feet. As this reduction is greater than a 25% reduction in the yard requirement the City Council.
will have to take action on this request.
REQUEST:
The applicant, Marama Leifheit, owns 13,441 sq ft at the southeast corner of South Main Street and
Orange Street, with a common address of 802 S: Main Street. This parcel is zoned R -2. The
applicant is requesting a variance to Section 10 -6C -4B to reduce the corner side yard setback from 30
feet to 24.4 feet (a total reduction of 5.6 feet or a reduction of 18.7 %) and a variance from Section
10 -6C -4C to reduce the rear yard setback from 40 feet to 17.2 feet (total reduction of 22.8 feet or a
reduction of 57 %) to erect a addition to an existing single - family house.
STANDARDS FOR GRANTING A VARIANCE:
Section 10- 14 -5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary
(or make a recommendation to vary) the regulations of the Zoning Code unless it has made findings
based upon the evidence presented to them for each specific case based upon the following:
Zoning Board of Appeals
802 S. Main Street — ZBA 2005 -09
April 13, 2005
Page 2 of 2
1. Because the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of the regulations was carried
out. The ZBA stated that there is adequate area for the house given that the maxinzunz
allowable lot coverage of 30% is not being exceeded. However, due to the location of the
house on the lot putting an addition on the house would not be possible while still
adhering to the required setbacks.
2. The conditions upon which the petition for a variation is based are unique to the property
for which the variation is sought and are not applicable, generally, to other property
within the same zoning classification. The house was built around the late 1800's or
early 1900's, before the present zoning code was enacted.
3. The alleged difficulty or hardship is caused by this Title and has not been created by any
person presently having an interest in the property. As the house was erected nearly 100
years ago, the present owner did not create the present situation.
4. The granting of the variation will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located.
Several adjacentproperty owners were present and did not object to the request. The
Board also felt that the new construction would both maintain and upgrade the
neighborhood.
5. 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. the ZBA determined that the proposed variances would not create
problems to the adjacentproperties or to the community, and compared the requests as
creating an "isle of paradise compared to [Route] 47. "
DECISSION
(Section 10- 14 -5(D) outlines occasions when the Zoning Board of Appeals may make a final
decision. Subsection la indicates that the Zoning Board of Appeals may grant the variance if the
variance is less than 25% of setback standard. As indicated above, in regards to the first variance, the
applicant is seeking to reduce the comer side yard setback from 30 feet to 24.4 feet (a reduction of
18.7 %). The ZBA voted 4 -0 to grant this variance and no further action by the City Council is
required.
However, in regards to the second variance, the applicant is seeking a 57% reduction in the rear yard
setback. As such, the ZBA's vote of 4 -0 to approve this variance is strictly advisory and the City
Council must take action regarding this variance.
/abk
C: M. Leifheit
Filename: C:\Documents and Settings\Anna\My Documents\ ZBA\L eifheit- 802SMain \4- 13- 05ZBAReport.doc