Ordinance 2008-121 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2008 -1��t
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE FOR CMP PROPERTIES AND DEVELOPMENT, LLC
AT 11925 ROUTE 34, YORKVILLE
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 et seq.), 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, pursuant to the Zoning Code, the property at 11925 Route 34, 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,
WHEREAS, the Corporate Authorities have received an application for a variance for the
Subject Property to reinstate a residential use of the property after non -use as a residence for at least 12
months contrary to the requirements of Section 10 -10 -2B of the Zoning Code; 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 variance was delivered by certified mail; 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 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 Zoning Board of Appeals 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 within 48 months.
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 for the
property located at 11925 Route 34, Yorkville, Illinois, to reinstate the residential use for a period not to
exceed 48 months.
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 7)ECE -M bEIP- , A.D. 2008.
Y ERK
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER ,r WALLY WERDERICH
GARY GOLINSKI T MARTY MUNNS T
ROSE SPEARS T BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of l)E 1L !M 6Ek 2008.
MAYOR
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Exhibit A
Legal Description of Subiect Property
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE
WEST LINE OF SAID SECTION 19 AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34;
THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID CENTER LINE, 503.76
FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84 DEGREES 36 MINUTES 32
SECONDS EAST ALONG SAID CENTER LINE, 134.00 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 38197.20 FEET; THENCE EASTERLY ALONG SAID
CENTER LINE CURVE, A DISTANCE OF 275.36 FEET TO A POINT WHOSE CHORD BEARS SOUTH 84
DEGREES 23 MINUTES 16 SECONDS EAST, 275.36 FEET; THENCE NORTH 02 DEGREES 38 MINUTES
07 SECONDS EAST, 388.32 FEET; THENCE NORTH 87 DEGREES 21 MINUTES 53 SECONDS WEST,
404.14 FEET; THENCE SOUTH 03 DEGREES 02 MINUTES 53 SECONDS WEST, 317.64 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 05 DEGREES 23 MINUTES 28
SECONDS WEST, 50.00 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL,
EXCEPT THAT PART CONVEYED FOR HIGHWAY PURPOSES IN DOCUMENT 96- 12792, KENDALL
COUNTY, ILLINOIS.
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