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Ordinance 2010-16 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) 2 01 0 0 0 01 3 DEEeIB:I;E 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 - 2 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 3 Exhibit A Legal Description of Subiect Property Lot 2, Perkins Subdivision, Bristol Township, City of Yorkville, Kendall County, Illinois. I I I i 4