Ordinance 2010-41 STATE OF ILLINOIS )
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KENDALL COUNTY, IL
RECORDED: 8/19/2010 10:12 AM
ORDI: 49.00 RHSPS FEE: 10.00
PAGES: 4
Ordinance No. 2010 -L
AN ORDINANCE OF THE UNITED CITY OFYORKVILLE,
KENDALL COUNTY, ILLINOIS, APPROVING A VARIANCE IN HEIGHT FOR A
TELECOMMUNICATIONS TOWER FOR U.S. CELLULAR
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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, U.S. Cellular is the lessee of property located at 1947 US Route 34, Yorkville,
Illinois, identified as permanent index number (PIN) 02 -19- 300 -009, legally described in Exhibit A,
attached to and made a part of this Ordinance (the "Subject Property "); and,
WHEREAS, U.S. Cellular has requested that the Mayor and City Council of the City
(collectively, the "Corporate Authorities ") grant them relief from Section 10- 15 -5(D) of the City Code
of Ordinances (the "City Code "), which requires that no telecommunications antenna, antenna structure
or tower shall exceed a height of one hundred (100) linear feet in aerial height, by approving a variance
to permit a telecommunications tower of one hundred ninety -four feet (194') in height; and,
WHEREAS, the Zoning Board of Appeals ( "ZBA ") convened and held a public hearing on the
7` day of July 2010, to consider the request to increase the maximum height of the telecommunications
tower from one hundred feet (100') in height to one hundred ninety -four feet (194') in height; and,
WHEREAS, the ZBA reviewed the standards set forth in Section 10- 14 -5(C) of the City Code,
and found that:
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;
2) the conditions upon which the variation petition is based are unique to the Subject
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 is caused by the City Code and has not been created by
any person presently having an interest in the Subject 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 Subject Property is
located;
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 ZBA recommended the approval of the
requested height variance to one hundred ninety -four feet (194'); and,
WHEREAS, U.S. Cellular requested a special use permit, for the Subject Property for a
telecommunications tower before the Plan Commission and received a favorable recommendation which
will be addressed before the United City of Yorkville City Council simultaneously with this Ordinance.
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
telecommunications tower of one hundred ninety -four feet (194') in height for the property located at
1947 US Route 34, Yorkville, Illinois, identified as permanent index number (PIN) 02 -19- 300 -009.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2010.
Cl C4RK
ROBYN SUTCLIFF k DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
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ROSE ANN SPEARS GEORGE GILSON JR.
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 1 A + 2010.
MAYOR
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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 Propertv
LEGAL DESCRIPTION OF PARENT PARCEL
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY:
COMMENCING AT A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER AT THE INTERSECTION OF
THE NORTH RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 10 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION, 600 FEET;
THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST PARALLEL WITH SAID NORTH LINE OF
ROUTE NO. 34, 148.00 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 28 SECONDS WEST PARALLEL WITH
SAID WEST LINE, 600 FEET TO SAID NORTH LINE; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS
WEST ALONG SAID NORTH LINE, 148.00 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF
BRISTOL, KENDALL COUNTY, ILLINOIS;
EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 19 -37 -07 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00
DEGREES 10 MINUTES 27 SECONDS EAST 369.24 FEET ON AN ASSUMED BEARING ALONG THE WEST LINE
OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES
10 MINUTES 27 SECONDS EAST ALONG SAID WEST LINE 600 FEET; THENCE SOUTH 84 DEGREES 36
MINUTES 32 SECONDS EAST 50.21 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST
537.74 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 39 SECONDS EAST 81.47 FEET; THENCE SOUTH 84
DEGREES 36 MINUTES 32 SECONDS EAST 35.53 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27
SECONDS WEST 15.06 FEET TO THE EXISTING NORTH RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE
NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 148.00 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. SITUATED IN THE COUNTY OF KENDALL AND
STATE OF ILLINOIS.
LEGAL DESCRIPTION OF NEW U.S. CELLULAR LEASE AREA !
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COMMENCING AT FOUND IRON PIPE AT NORTHEAST CORNER OF PARENT PARCEL; THENCE SOUTH 00
DEGREES 49 MINUTES 21 SECONDS EAST ALONG EAST LINE OF AFORESAID PARENT PARCEL 49.06 FEET;
THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS WEST 6.73 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 49 MINUTES 21 SECONDS EAST 60.00 FEET TO THE POINT HENCEFORTH
KNOWN AS POINT "A"; THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS WEST 60.00 FEET; THENCE
NORTH 00 DEGREES 49 MINUTES 21 SECONDS WEST 60.00 FEET; THENCE NORTH 89 DEGREES 10 MINUTES
39 SECONDS EAST 60.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,600.0 SQUARE FEET OF LAND,
MORE OR LESS, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
LEGAL DESCRIPTION OF NEW U.S. CELLULAR UTILITY EASEMENT
COMMENCING AT THE AFORESAID POINT "A "; THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS
WEST 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 10 MINUTES 39
SECONDS WEST 30.65 FEET TO THE EAST RIGHT -OF -WAY LINE OF ELDAMAIN ROAD; THENCE NORTH 00
DEGREES 49 MINUTES 21 SECONDS WEST 8.00 FEET ALONG AFORESAID EAST RIGHT -OF -WAY LINE;
THENCE NORTH 89 DEGREES 10 MINUTES 39 SECONDS EAST 30.65 FEET; THENCE SOUTH 00 DEGREES 49
MINUTES 21 SECONDS EAST 8.00 FEET TO THE POINT OF BEGINNING. CONTAINING 245.2 SQUARE FEET OF
LAND, MORE OR LESS, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
LEGAL DESCRIPTION OF NEW U.S. CELLULAR ACCESS EASEMENT
BEGINNING AT THE AFORESAID POINT "A "; THENCE SOUTH 00 DEGREES 49 MINUTES 21 SECONDS EAST
12.00 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS WEST 90.65 FEET TO THE EAST RIGHT -
OF -WAY LINE OF ELDAMAIN ROAD; THENCE NORTH 00 DEGREES 49 MINUTES 21 SECONDS WEST 12.00
FEET ALONG AFORESAID EAST RIGHT -OF -WAY LINE; THENCE NORTH 89 DEGREES 10 MINUTES 39
SECONDS EAST 90.65 FEET TO THE POINT OF BEGINNING. CONTAINING 1087.8 SQUARE FEET OF LAND,
MORE OR LESS, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
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