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Ordinance 2005-053 200500019415 Filed for Record in KENDALL COUNTY, ILLINOIS STATE OF ILLINOIS ) PAUL ANDER60N 07 -11 -2005 At 02:20 Ph1. ) ss ORDINANCE 34.00 COUNTY OF KENDALL ) ORDINANCE No. 2005 --3 ORDINANCE APPROVING VARIANCE FOR REDUCTION OF MINIMUM LOT SIZE AND REDUCTION OF REAR YARD SET BACK FOR RESIDENCIAL PROPERTY AT 307 MILL STREET WHEREAS, Lloyd and Pera Yepsen( "Petitioners ") filed ZBA Petition 2005 -20 requesting a variance reducing lot size and reducing rear yard set back for the division of the property and construction of a single family residence which is more specifically described in the Petition and its attachments; and WHEREAS, the Petitioners indicate that they plan 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 on June 6, 2005 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 variances sought, and WHEREAS, the Zoning Board of Appeals recommended the approval (asking petitioner to move the northern lot line if possible without creating a non - conforming situation for the neighboring lot) of said requested variance from the requirements of Section 10 -6C -3 concerning Lot Area (Reducing the Required size from 12,000 sq ft to 7,375 sq ft) and also recommended approval of the requested variance from the requirements of Section 10 -6C -4C concerning Rear Yard Areas (Reducing the rear yard setback from 40 to 20 feet) 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, considered the public comment presented at the public hearing, considered Mr. Yepsen's comments at the June 21, 2005 Committee of the Whole meeting regarding inability to move the northern lot line, and have determined that the requested variance is appropriate under the circumstances y resented b the Petitioners; p I 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 Variances are hereby granted from the United City of Yorkville Code, Title 10 -- Zoning for the real property more fully described in the petition: 1. Reduction of Lot Size: Section 10 -6C -3 of the United City of Yorkville Zoning Code is hereby varied to permit the lot size of the single family residence to be Seven Thousand, Three Hundred Seventy -Five square feet (7,375 sq. ft.) 2. Reduction of Rear Yard Set Back: Section 10 -6C -4C of the United City of Yorkville Zoning Code is hereby varied to permit a rear yard set back of twenty feet (20'). The variance granted herein is contingent upon the construction of the residence I within the footprint provided by the petitioner, a copy of which is attached hereto and incorporated herein as Exhibit "A ". 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 this = - J? , ., day of �..�, 2005 by the City Council of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS ' JASON LESLIE -s1 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this e % Day of- j , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of . 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 A AL ti 1 'p 4 rL i I �I Exhibit " A " Footprint Plat Provided by Lloyd and Para Yepsen 1 G� OF YQ�, D C /T� 1'�� m � o United City of Yorkville - 1636 County Seat of Kendall County EST. 1 8DD Game Farm Road e �IVED y Yorkville, Illinois 60560 p ��� ` p Phone: 630- 553 -435D Fax: 630-553-7575 Pc . # mod` APPLICATION VARIANCE REQUEST Date of Submission:_. t9 l tom' ( 6 �— _ 1. Name of Petitioner(s): t o Yd q- f C /Z 4 yr P Address: _54 7 N(. l L L S 'T - Phone Number: 55 - 5 5 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: /✓ A-- 4. a. Street address and physical location of subject property: _Fi 7 C LAJ 3P7 /+ , JD SD'7 M ILL S I b. Proposed name of subdivision (if any): ' A/ A I c. Legal description of property for which zoning variance is sought: V C A IV T A ^ 4,D 1A - i 51 b,6 a/—� `''I I L t - S I l��E j (If more space is needed, attach as `Exhibit A ".) d. Kendall County Parcel Number(s) of property for which variance is sought: 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 vgqance requested and the City ordinance includ7 the section numbers to be varied: /C C l ��'C K f¢i�� C F"��� /C► --� C `f /C) / �� -ar e cJ'�-tCC AHi /l/1140-121l - ea f /,7 / io sy. f � 7, Page 1 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: 0 �/ C� 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 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 property owners signature must appear on this application -) Subscribed and sworn before me this i �'' day of 1f , 200 C � I �}` ary Public Elizabeth Notary pu}, �. S is M Commise�on Expires 10.30 -2006 i Notary Stamp TIRS APPLICATION MUST BE NOTARIEZED. Page 2 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 7 .-(3p q m l I Z - 4 =1 7 - r� Z' a nl G T f>'E /VO /� T 17 S / o 1 e,16 7 5 77 I LL 6T— JAMES M. OLSON ASSOCIATES, LTD. Illinois Professional Land Surveyors Land Surveyors & Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630 -553 -0050 Fax: 630 - 553 -0964 May 9, 2005 Legal Description for Lloyd Yepsen That part of the Southwest Quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the northerly line of Fox Street with the westerly line of Mill Street in the City of Yorkville; thence northerly along said westerly line 304.05 feet for the point of beginning, thence westerly parallel with said northerly line 78.74 feet to a line drawn parallel with and 173.0 feet, normally distant, easterly of the easterly line of Heustis Street, thence northerly along said parallel line, 79.12 feet, thence westerly along a line which forms an angle of 89 °40'21 " with the last described course, measured clockwise therefrom, 27.15 feet to a line drawn southerly, parallel with said East line of Heustis Street, from the Southwest comer of said Lot 7, "Ter -Jac Subdivision' thence northerly along said parallel line, 10.0 feet; thence Easterly perpendicular to the West line of Mill Street 106.75 feet to said West line; thence southerly along said West line 91.19 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. Zoning Sketch of Part of the Southwest Quarter of Section 33 -37 -7 Yorkville Kendoll County Illinois 9) 9 106.75' i 27.15' , 0 0 0 I"= 30' Proposed N Building d- 30.0' 0 X: 1 1 28.0' Parcel Area = 7, 375 sq. ft. Rear yard = 20.73' 78.61' o Prepared by. James M. Olson Associates, L td. 107 West Madison Street Yorkville, Min ois 60560 May 5, 2005 Fox Street Yepsen No. 8965 nat Ut 0-uf vuy UI Lot 7 and Part of Lot 1 Ter Jac Subdivision and Part of the Southwest Quarter of Section 33 - - Yorkville Kendall County. Illinois I nr; N o �I I ✓ v;;;J, O h V h -+ r r � ;o\ • • p ot \$ �_ `OR ' 30.5 35.2 Q.1 145.85` G O , I* Q) 34.5'. - 30. P' ` SB PIII l`_r) 7 145W' d S.0, 173.0' ` 27 /5 h � N : J• a) , 78.6/ ` 173.0' • Indicates Iron Stake Found o Indicates Iron Stake Set State of Illinois o :SS X Indicates Cross Cut in Concrete o County of Kendall This is to certify that we, James M. Olson Associates, Ltd., Illinois Professional Land Surveyors have surveyed and located the Improvements on Lot 7 and the East 6.0 feet of that pat of Lot 1 "lying South of the North Line of said Lot 7 extended, of "Ter -Jac Subdivision" Yorkville, Kendall County, Illinois and that part of the Southwest Quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the northerly line of Fox Street with the westerly line of Mill Street in the City of Yorkville; thence northerly along said westerly line 304.05 feet for the point of beginning; thence westerly parallel with said northerly line, 78.74 feet to a line drawn parallel with and 173.0 feet, normally distant, easterly of the easterly line of Heustis Street; thence northerly along Fox Street said parallel line, 79.12 feet thence westerly along a line which forms an angle of 89 °40'21 "with the last described course, measured clockwise therefrom, 27.15 feet to a line drawn southerly, parallel with said East line of Heustis Street, from the Southwest corner of said Lot 7; thence northerly along said parallel line, 74.94 feet to said Southwest comer; thence easterly along said South line to said West line of Heustis Street; thence southerly along said West line, 157.51 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois as shown by the plat hereon drawn which' is a correct representation of said survey. Je "✓ IN 1 0 Tj See order pages) BL ML - I � &index for info ® — Units Single — Deck Price Code B Total Finished 1,427 sq. ft Upper Finished 1,139 sq. ft. t — Lower Finished 288 sq. ft. dec ceiling 0 ` Kit Garage Unfinished 598 sq. ft. l0[:' I Dining Dimensions 42'0 "x28'0" I � MBr 1 0 - 0 -4 10 -8 x 10 Foundation Basement 1r x8 -4 Bedrooms 3 X14 X 11 -4 J Sd _ 0 Full Baths I f Half Baths I i 9' -0' ceiling height Primary Roof Pitch 6:12 bD DN I Living m Secondary Roof Pitch 12:12 N g Max Ridge Height 25' G 14 - x 15 Roof Framing Stick Br 2 Br 3 Exterior Walls 2x6 10x11 -8� 10x11 -8 j A� IDO �J Utility 0 � Upper Level 42' -0" . Garage II 22 x 25 -4 Family Rm 14 x 16 UP Lower Level � ,-<, /,rrA,=r wn11r Rlueorints, call 1- 800 - 235 -5700