Ordinance 2009-12 i
STATE OF ILLINOIS )
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COUNTY OF KENDALL )
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Ordinance No. 2009- \c),
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE FOR 604 AND 620 W. VETERANS PARKWAY
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 etseq.), 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, James Ratos, the owner (the "Owner ") of commerical property located at 604 and
620 W. Veterans Parkway, Yorkville, Illinois identified as permanent index number (PIN) 02- 29 -203-
013; and,
WHEREAS, pursuant to the Zoning Code, the property at 604 and 620 W. Veterans Parkway,
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,
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WHEREAS, tenants of the Owner and the Owner have applied to the Corporate Authorities to
grant it relief from Section 8- 11- 9A.2.a and b of the City Code of Ordinances (the "City Code "), which
requires building mounted signs to be located on exterior walls containing a public entrance or facing a
public right -of -way, by approving building mounted signs on exterior walls not containing public
entrance or facing a public right -of -way; 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 day of January, 2009, to consider the application for a variance to allow building mounted signs
on walls with no public entrance and not facing a public right -of -way on the Subject Property; and,
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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,
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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, 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 building mounted signs requested on walls with no public entrance to be appropriate k
for this property.
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 building mounted
signs on walls with no public entrance and not facing a public right -of -way for the property located at
604 and 620 W. Veterans Parkway, Yorkville, Illinois, identified as permanent index number (PIN) 02-
29- 203 -013.
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 �j \�., _ , A.D. 2009.
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T LVa K
ROBYN SUTCLIFF � JOSEPH BESCO
ARDEN JOE PLOCHER YN WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS BOB ALLEN y
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a `1
day of "ARCH 2009.
MAYOR
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Exhibit A
Legal Description of Subject Property
THAT PART OF LOT 9 IN BLOCK 1 AND LOT 12 IN BLOCK 3 OF CIMARRON RIDGE SUBDIVISION BEING
DESCRIBED BY COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 84
DEGREES 57 MINUTES 39 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF
830.53 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84 DEGREES 57 MINUTES
39 SECONDS EAST ALONG THE LAST DESCRIBED LINE, 230.62 FEET TO A POINT ON THE EAST LINE OF
SAID LOT 12; THENCE NORTH 13 DEGREES 20 MINUTES 15 SECONDS EAST ALONG SAID EAST LINE,
344.65 FEET TO THE SOUTH LINE OF U.S. ROUTE #34; THENCE WESTERLY ALONG SAID SOUTH LINE
BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 7423.42 FEET, A DISTANCE OF 257.39 FEET
TO A LINE BEARING NORTH 08 DEGREES 54 MINUTES 35 SECONDS EAST FROM THE POINT OF
BEGINNING; THENCE SOUTH 08 DEGREES 54 MINUTES 35 SECONDS WEST ALONG SAID LINE, 377.37
FEET TO THE POINT OF BEGINNING IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
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