Ordinance 2009-86 STATE OF ILLINOIS )
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COUNTY OF KENDALL
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03 1 IL_. L -. I T 'T E
KE:NWILI_ COUNTY, 1I._
RECORDED: 2/17/2010 8:49 AM
ORDI: 49.00 RHSPS FEE: 10.00
PAGES: 4
Ordinance No. 2009 - � 0
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AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE IN AREA FOR A FREE STANDING BUSINESS SIGN
FOR FATMIR SALIU (SUNFIELDS RESTAURANT)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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, Fatmir Saliu is the owner of property located at 382 East Veterans
Parkway, Yorkville, Illinois, identified as permanent index number (PIN) 02 -28- 177 -030, legally
described in Exhibit A, attached to and made a part of (the "Subject Property "); and,
WHEREAS, Fatmir Saliu has requested that the Mayor and City Council of the City
(collectively, the "Corporate Authorities ") grant them relief from Section 8- 11 -9(A)l of the City
Code of Ordinances (the "City Code "), which requires that no free standing business sign within
a Business Zoning shall exceed an area of thirty -two (32) square feet, by approving a variance to
permit a free standing business sign of forty -eight (48) square feet in area; and,
WHEREAS, the Zoning Board of Appeals ( "ZBA ") convened and held a public hearing
on the 2' day of December 2009, to consider a request for a variance to increase the maximum
area of the free standing business sign from the permitted maximum of thirty -two (32) square
feet in area to forty -eight (48) square feet in area; and,
WHEREAS, the ZBA reviewed the standards set forth in Section 10- 14 -5(C) of the City
Code, and found that:
1. The physical conditions of the property do not result in a particular hardship;
2. The conditions this variance are based are unique to this property;
3. The difficulty is caused by the applicable City Code, and the amendment to the City
Code which occurred after the original sign was permitted and installed;
4. The granting of the variance will not be detrimental or injurious to property or
improvements in the neighborhood;
5. The variation would not impair supply of light and air, increase congestion or danger,
or diminish property values in the neighborhood; 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 not substantially alter or reduce such standards.
WHEREAS, upon conclusion of said public hearing, the ZBA recommended to the
Corporate Authorities that they approve the requested sign area variance from an area of thirty -
two (32) square feet to forth -eight (48) square feet.
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. A variance to permit a free standing business sign of forth -eight (48) square
feet in area for the business located at the property located at 382 East Veterans Parkway,
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Yorkville, Illinois, identified as permanent index number (PIN) 02 -28- 177 -3030 is hereby
approved.
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
cx)1 day of %:' , A.D. 2009.
ATTES It
'V T RK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS he GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_tea day of , A.D. 2009.
MAYOR
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Exhibit A
Legal Description of Subject Property
THAT PART OF LOT 81N YORKVILLE MARKETPLACE, BEING A SUBDIVISION OF SECTION 28,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF, RECORDED MARCH 7, 2002, AS DOCUMENT 200200005924, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT
8; THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST ALONG THE NORTH LINE OF SAID
LOT 8; A DISTANCE OF 240.21 FEET TO A POINT ON THE WEST LINE OF PROPERTY CONVEYED TO
THE STATE OF ILLINOIS PER DOCUMENT 200200011027, THENCE SOUTH 37 DEGREES 49
MINUTES 12 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 49.50 FEET TO A POINT ON
THE WEST RIGHT OF WAY LINE OF MARKETPLACE DRIVE AS DEDICATED PER DOCUMENT
200100009116; THENCE SOUTH 07 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID
WEST RIGHT OF WAY LINE, A DISTANCE OF 138.01 FEET; THENCE NORTH 82 DEGREES 49
MINUTES 12 SECONDS WEST, A DISTANCE OF 275.21 FEET TO THE WEST LINE OF SAID LOT 8,
THENCE NORTH 07 DEGREES 10 MINUTES 48 SECONDS EAST ALONG SAID WEST LINE, A
DISTANCE OF 173.01 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS,
CONTAINING 47,000 SQUARE FEET, MORE OR LESS.