Ordinance 2009-60 I
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THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
Ordinance No. 2009 -60
An Ordinance of the United City of Yorkville, Kendall County, Illinois,
Approving a Variance in Height for a Telecommunications Tower for
SAC Wireless LLC
Ordinance No. 2009 - (
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE IN HEIGHT FOR A TELECOMMUNICATIONS TOWER FOR SAC
WIRELESS LLC
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, SAC Wireless LLC is the lessee of a portion of property located at 204 Wheaton
Avenue, Yorkville, Illinois, identified as permanent index number, (PIN) 02 -17- 400 -012, legally
described in Exhibit A, attached to and made a part of (the "Subject Property "); and,
WHEREAS, SAC Wireless LLC has requested that the Mayor and City Council of the City I
(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 -nine (199) feet in height; and,
WHEREAS, the Zoning Board of Appeals ( "ZBA ") convened and held a public hearing on the
2 nd day of September 2009, to consider the request to increase the maximum height of the
telecommunications tower from one hundred feet (100') in height to one hundred ninety -nine feet (199')
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) although a particular hardship to the owner would result if the variance is not granted
because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, the ZBA determined that as SAC Wireless LLC is not the
owner of the Subject Property, this standard was not applicable.
2) the conditions upon which the variation petition is based are unique to the Subject
Property, as the tower, if approved, would be located on one of the highest points in
Yorkville and therefore would be able to provide a wider coverage area;
3) the difficulty/hardship was caused by the City Code since it was written at a time when
the technology was different and is now outdated;
4) granting the variation would not be a detriment to the public welfare or injurious to other
property or improvements in the neighborhood;
5) the granting of the variance would 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 -nine feet (199'); and,
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NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section I. 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 -nine feet (199') in height for the property located at
204 Wheaton Avenue, Yorkville, Illinois, identified as permanent index number (PIN) 02 -17- 400 -012.
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
day of Yip , A.D. 2009.
L K
ROBYN SUTCLIFF � DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
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ROSE ANN SPEARS GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of W 044W 2009.
MAYOR
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Exhibit A
Legal Description of Subiect Property
LOT 3 IN YORKVILLE BUSINESS CENTER, BEING A SUBDIVISION OF PART OF THE WEST
(1/2) HALF OF SECTION 16 AND PART OF THE EAST (1/2) HALF OF SECTION 17 AND ALSO
BEING A RESUBDIVISION OF WHEATON SUBDIVISION, ALL IN TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
RECORDED OCTOBER 10, 2000 AS DOCUMENT NO. 200000013808 SLOT 718 AND 719 AND
CORRECTED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 12, 2000 AS
DOCUMENT 200000014055 AND CORRRECTED BY CERTIFICATE OF CORRECTION
RECORDED OCTOBER 25, 2000 AS DOCUMENT 200000014761 AND CORRECTED BY
CERTIFICATE OF CORRECTION RECORDED OCTOBER 31, 2000 AS DOCUMENT
200000015028, IN KENDALL COUNTY, ILLINOIS.
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