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Ordinance 2019-39 -:101900010<3e0 DEECIEC I E G I L-1 EY-TE RECORDER - KENDALL COUNTY, IL RECORDED: 816!2819 11:82 AM ORDI: 43.88 RHSPS FEE: 16.88 PAGES: 5 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2019-39 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING THE REZONING TO THE R-2 SINGLE-FAMILY TRADITIONAL RESIDENCE DISTRICT AND THE GRANTING OF VARIANCES FOR THE PROPERTY LOCATED AT 701 NORTH BRIDGE STREET Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 23`d day of July,2019 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 August 2,2019. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No.2019-39 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING THE REZONING TO THE R-2 SINGLE-FAMILY TRADITIONAL RESIDENCE DISTRICT AND THE GRANTING OF VARIANCES FOR THE PROPERTY LOCATED AT 701 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, Margaret LeGrand (the "Applicant") is the owner of the property at 701 North Bridge Street (the "Subject Property") and is seeking rezoning from the B-1 Local Commerce Business District into the R-2 Single-Family Traditional Residence District; and, WHEREAS, on the property is a building that previously had been used as a single- family dwelling unit that has recently been used for commercial purposes that the Applicant now desires to return to a single-family use; and, WHEREAS,pursuant to the Illinois Municipal Code(65 ILCS 5/11-13-5)the Mayor and City Council of the City(the"Corporate Authorities")may provide for and allow variances to provide relief when strict compliance with the requirements of the Yorkville Zoning Ordinance (the"Zoning Ordinance") creates a particular hardship; and, Ordinance No.2019-39 Page 2 WHEREAS,the Applicant has requested variances to reduce the minimum front yard setback to 10.1 feet and to increase the maximum lot coverage to 48 percent to eliminate the nonconformities of the existing building upon conversion of the building back to a single-family dwelling use; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on July 10, 2019, to consider the rezoning and variances after publication of notice and notice to property owners within five hundred(500)feet of the parcels; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-4-1013.4 and made findings of fact and recommendation to the Corporate Authorities for approval of the rezoning; and, WHEREAS,the Planning and Zoning Commission made the required written Findings of Fact finding that the variations met the standards in Section 10-4-7C of the Zoning Ordinance and recommended that the variances be granted; and, WHEREAS, the Corporate Authorities have received and considered the recommendations of the Planning and Zoning Commission. 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: That the Corporate Authorities hereby approve the rezoning of the Subject Property legally described on Exhibit A, attached hereto and made a part hereof, with Property Index Number 02-28-351-028 from the B-1 Local Commerce Business District into the R-2 Single-Family Traditional Residence District. Ordinance No.2019-39 Page 3 Section 3: That variations pursuant to Section 10-4-7 of the Zoning Ordinance are hereby granted to the Subject Property to allow the building on the Subject Property to be used as a conforming single-family dwelling by allowing the reduction of the minimum front yard setback to 10.1 feet and to increase the maximum lot coverage to 48 percent. Section 4: That the Subject Property shall be operated and maintained in accordance with the requirements of the Yorkville City Code and the following additional requirements: A. Section 5: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville,Kendall County, Illinois,this 23`d day of July,2019. CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER ABSENT CHRIS FUNKHOUSER NAY JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON ABSENT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ay of019. r' i MA R Ordinance No.2019-39 Page 4 EXHIBIT A Legal Description The legal description is as follows: PIN: 02-28-351-028 Lot 2 in North Bridge Street Subdivision, excepting therefrom that part of land granted to the Department of Transportation State of Illinois by Court Order entered in Case No. 11ED25 in the Circuit Court of Kendall County, Illinois, and recorded December 9, 2011 as Document Number 2011-20603, in Yorkville, Kendall County,Illinois.