Ordinance 2008-120 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2008- �a
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SPECIAL USE PERMIT APPLICATION AND VARIANCE
FOR FULL HOUSE VENTURES AT 125 WEST HYDRAULIC AVENUE
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 -1.1 of the Illinois Municipal Code (65 ILCS 511 -1 -1, etseq.),
the Mayor and City Council of the City (collectively, the "Corporate Authorities ") may provide for the
classification of special uses it its zoning ordinances; and,
WHEREAS, under Section 11 -13 -5 of the Illinois Municipal Code, the Corporate Authorities
are authorized to vary the zoning regulations as applicable to properties within a zoning district; and,
WHEREAS, pursuant to the United City of Yorkville Zoning Code (the "Zoning Code "), any
person owning or having an interest in property may file an application to use such property for one or
more of the special uses provided for in the zoning district in which the property is situated or apply for
a variance from the regulations of the zoning district; and,
WHEREAS, pursuant to the Zoning Code, the property at 125 West Hydraulic Avenue,
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, which district permits single family apartments in
a business building under a special use permit; and,
WHEREAS, pursuant to the Zoning Code the special use, if granted, would require half of the
parking spaces for the residences to be enclosed pursuant to section 10 -11-4A of the Zoning Code; and,
WHEREAS, the Corporate Authorities have received an application for a special use permit for
the Subject Property for single family apartments from Full House Ventures, the Owner of the Subject
Property and an application for a variance from the requirement for enclosures of parking spaces; and,
WHEREAS, a legal notice was published announcing a public hearing before the Plan
Commission on the proposed special use permit in a newspaper of general circulation in the City, not
more than thirty (3 0) nor less than fifteen (15) days prior to the date set for the public hearing; and,
WHEREAS, a legal notice was published announcing a public hearing before the Zoning Board
of Appeals 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 special use permit and the variance from the parking enclosure requirements was
delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 12 day of
November 2008, on the special use application and the Zoning Board of Appeals convened and held a
public hearing on the 3' day of December 2008, on the application for the variance; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10- 14 -6(F) of the
Zoning Code, which provide: 1) the establishment, maintenance, or operation of the special use will not
be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general
welfare; 2) the special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair property
values within the neighborhood; 3) the establishment of the special use will not impede the normal and
orderly development and improvement of surrounding property for uses permitted in the district; 4)
adequate utilities, access roads, drainage or other necessary facilities have been or are being provided; 5)
adequate measures have been or will be taken to provide ingress or egress so designed as to minimize
traffic congestion in the public streets; and 6) the special use shall in all other respects conform to the
applicable regulations of the district in which it is located, except as such regulations may in each
instance be modified by the City Council; and,
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 is caused by this Title and 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,
WHEREAS, upon conclusion of its public hearing, the Plan Commission also found that the
standards set forth in section 10- 14 -6(F) of the Zoning Code had been met and recommended the
approval of the special use of the Subject Property to allow single family apartments with a condition
that the Special Use approval expire in three (3) years and a condition stipulating the Owner provide two
(2) parkway trees in compliance with the Landscape Ordinance at locations to be determined by the City
in accordance with staff comments; and,
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WHEREAS, upon conclusion of its public hearing, the Zoning Board of Appeals also found that
the standards in Section 10- 14 -5(C) of the Zoning Code had been met and recommended approval of the
variance with a condition that the variance approval expire with the Special Use.
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 application for a variance and the
special use permit application from Full House Ventures, for the property located at 125 West Hydraulic
Avenue, Yorkville, Illinois, for single family apartments in a business building and parking spaces
which are not enclosed, subject to the additional conditions stipulated in the above recitals.
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 A.D. 2008.
G'
C
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this `7
day of DECErk 6Ef. 2008.
MAYOR
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Exhibit A
Legal Description of Subject Property
THAT PART OF LOT 4 IN BLOCK 7 AND PART OF VACATED MAIN STREET (FORMERLY PART OF
LOT 5 IN SAID BLOCK 7) ALL IN BLACK'S ADDITION TO VILLAGE OF YORKVILLE, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE EASTERLY
ALONG THE SOUTHERLY LINE OF SAID LOT 4, 90 FEET; THENCE NORTHERLY PARALLEL WITH
THE WESTERLY LINE OF SAID LOT 4, 70 FEET; THENCE WESTERLY PARALLEL WITH THE
SOUTHERLY LINE OF SAID LOT 4 AND SAID LINE EXTENDED 95.3 FEET; THENCE SOUTHERLY
PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4, 70 FEET TO THE SOUTHERLY LINE
EXTENDED OF SAID LOT 4; THENCE EASTERLY ALONG SAID EXTENDED SOUTHERLY LINE 5.3
FEET TO THE POINT OF BEGINNING, IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY,
ILLINOIS.
Parcel Two:
THAT PART OF LOT 4 IN BLOCK 7 OF BLACK'S ADDITION TO THE VILLAGE OF YORKVILLE
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 4, 90
FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 4; THENCE EASTERLY ALONG SAID
SOUTHERLY LINE 38 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO SAID SOUTHERLY LINE,
26 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4, TO A LINE
DRAWN NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4, FROM THE POINT
OF BEGINNING; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO THE POINT OF
BEGINNING, IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.175 ACRES (7,635 SQUARE FEET), MORE OR LESS.
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