Ordinance 2009-47 I
Ordinance No. 2009- L A -1
AN ORDINANCE GRANTING A VARIANCE AT
1402 NORTH BRIDGE STREET,
CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, pursuant to Section 10 -14 -5 D.2. of the Municipal Code of the United City of
Yorkville (the "Code ") the City Council is authorized to grant variations from the provisions of the
Zoning Ordinance of the City but only after a public hearing is held by its Zoning Board of Appeals; and,
WHEREAS, the Zoning Board of Appeals conducted a public bearing on Wednesday, August 5,
2009, to consider a request to reduce the side yard set back requirement for 1402 North Bridge Street
from 20 feet to 9.15 feet in order to permit the existing structure to conform to zoning set back
requirements.
WHEREAS, a summary of the findings of the Zoning Board of Appeals is as follows:
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.
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Evidence that was presented include the fact that the previous owner (corporate BP) had
the two original properties (the original gas station site and the Sunfield property)
consolidated into one parcel and redeveloped the gas station /car wash. Subsequently
RWJ Yorkville purchased the property in its present condition. The applicant indicated
that they do not manage restaurants and had been attempting to lease the old Sunfield
building but had been tatsuccessftd. The applicant indicated that they do have a party
that is interested in purchasing the old Sunfield building. In order to sell the building the
property will need to be divided. Based upon the proximity between the car wash building
and the old Sunfield building a variance would need to be granted or one of the two
buildings would need to be demolished. The ZBA determined that based upon the fact
that the properties had been combined and redeveloped a hardship exists for the present
property owner.
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.
As the two lots had been combined and ttltimately redeveloped the ZBA indicated that
they felt that there are unique circumstances associated with this property.
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3. The alleged difficulty or hardship is caused by this Title and has not been created by any
person presently having an interest in the property.
The ZBA noted that it was corporate BP which combined the two properties and
redeveloped them. RWJ subsequently purchased the property in its present condition. It
was unclear as to whether BP had disclosed the fact that the property could not be
subdivided without benefit of a variance (staff had indicated that BP had received written j
notification at the time of redevelopment that a non - conforming situation could arise
should the property ultimately be subdivided). Whether BP disclosed this information to
RWJ or not the ZBA felt RWJ should have been aware of the situation as they did their
due diligence. As it is RWJ who wishes to subdivide the property the ZBA felt the
applicant was creating the hardship.
4. The rantin of the variation will not be detrimental to the public welfare or injurious to
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other property or improvements in the neighborhood in which the property is located.
A memo from the Bristol Kendall Fire District (BY-FD) was entered into the record. The
ZBA had requested this documentation prior to the hearing as there had been a concern
as to whether there was adequate separation between the car wash and the old Sunfteld
restaurant. As the memo indicates, the BKFD has no concerns at this time related to the
requested variance. With this documentation the ZBA felt that the proposed variance
would not be detrimental to the general public.
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.
The ZBA determined that as no physical changes were being contemplated there would
be no adverse impacts to light and air, traffic congestion, safety or property values.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, that the Yorkville City Code be amended as follows:
Section L That the foregoing preambles are hereby incorporated in this Ordinance as if fully
restated.
Section 2. That the application for a variance to reduce the side yard setback from the 20 feet to
9.15 feet as recommended by the Zoning Board of Appeals for the purpose of permitting the existing
structure to conform to the zoning set back requirements pertaining to the following described property is
approved:
Lot 1 and 2 in Countryside Center, Unit No. 5, in the United City of Yorkville, Kendall
County, Illinois.
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Section 3: This Ordinance shall be in full force and effect immediately from and after its passage
and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of , A.D. 2009.
' ROBYN SUTCLIFF � GEORGE T. GILSON, JR.
ARDEN JOE PLOCHER DIANE TEELING
GARY GOLINSKI MARTY MUNNS
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ROSE SPEARS WALLY WERDERICH
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this I L4 day of S� P i M 61= , A.D. 2009.
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Mayor
Attest:
Ci k
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