Ordinance 2010-16 STATE OF ILLINOIS )
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COUNTY OF KENDALL ) 2 01 0 0 0 01 3
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KENDAL-L MUN'fy, T.L.
RECORDED: 8/5/2010 12:06 PM
ORDI: 49.00 RHSPS FEE: 10.00
PAGES: 4
Ordinance No. 2010-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE FOR ESMER CAPITAL MANAGEMENT, LLC
AT 1201 N. BRIDGE STREET, YORKVILLE
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; under Section 11 -13 -5 of the Illinois Municipal Code (65 ILCS 5/1 -1 -1 et seq.), the
Mayor and City Council, (the "Corporate Authorities ") are authorized to vary the zoning regulations as
applicable to properties within a zoning district; and,
WHEREAS, Esmer Capital Management, LLC is the owner (the "Owner ") of commerical
property located at 1201 N. Bridge Street, Yorkville, Illinois identified as permanent index number
(PIN) 02 -28- 154 -020; and,
WHEREAS, pursuant to the Zoning Code, the property at 1201 N. Bridge Street, Yorkville,
Illinois (the "Subject Property "), legally described in Exhibit A, attached and made a part of, is located
in a Service Business (B -3) Zoning District; and,
WHEREAS, the Owner has applied to the Corporate Authorities to grant it relief from Section
8- 11- 9(A)(1) of the City Code of Ordinances (the "City Code "), which requires that free standing signs
be thirty -two (32) square feet or less, by approving an increase in a free standing sign to one - hundred
twenty -four and eight tenths (124.8) square feet to allow for a thirty -two (32) square feet electronic
message board to be added to the existing ninety -two and eight tenths (92.8) square feet sign; and,
WHEREAS, the Owner has applied to the Corporate Authorities to grant it relief from Section
8- 11- 9(A)(1) of the City Code of Ordinances (the "City Code "), which requires that free standing signs
be eight (8) feet in height or less, and allow the existing twenty (20) foot sign height to exist; and,
WHEREAS, a notice of a public hearing before the Zoning Board of Appeals was published in a
newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days
prior to the date set for the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property
identified for the variance was sent by certified mail; and,
WHEREAS, the Zoning Board of Appeals (the "ZBA ") convened and held a public hearing on
the 7 1h day of April, 2010, to consider the application for a variance to add a thirty -two (32) square feet
reader board to the existing ninety -two and eight tenths (92.8) square feet sign increasing the total
signage to one - hundred twenty -four and eight tenths (124.8) square feet; and,
WHEREAS, the Zoning Board of Appeals reviewed the standards for a variance as set forth in
Section 10- 14 -5(C) which provide that:
1. Because of 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;
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;
3. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property;
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; and,
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; and,
WHEREAS, upon conclusion of said public hearing, the Zoning Board of Appeals found that
the standards in Section 10- 14 -5(C) of the Zoning Code had not been met and did not recommend
approval of the variance; and,
WHEREAS, the ZBA reviewed the standards set forth in Section 8 -11 -13 of the City Code, and
found that when the standards were applied to the requested variance, approval of the variance would
substantially alter or reduce such standards; and
WHEREAS, since the ZBA did not recommend to approval of the application for a variance,
approval of the variance by the City Council requires a two - thirds (2/3) vote pursuant to the City Code;
and
WHEREAS, the City Council, after review of the petition for a variance and the findings of the
ZBA, deemed the thirty -two (32) square feet reader board and the free standing sign in a maximum size
of one - hundred twenty -four and eight tenths (124.8) square feet to be appropriate.
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 and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby approve the variance to permit a thirty -two (32)
square feet reader board to increase the free standing sign of a maximum size of one - hundred twenty -
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four and eight tenths (124.8) square feet for the property located at 1201 N. Bridge Street, Yorkville,
Illinois, identified as permanent index number (PIN) 02 -28- 154 -020.
Section 3. 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 �3
Ap
day of , A.D. 2010.
CITE RK
ROBYN SUTCLIFF V-\ DIANE TEELING Ck
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 020
day of - Apra- , A.D. 2010.
MAYOR v
I
Prepared By and Return To:
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
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Exhibit A
Legal Description of Subiect Property
Lot 2, Perkins Subdivision, Bristol Township, City of Yorkville, Kendall County, Illinois.
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