Ordinance 2008-055 STATE OF ILLINOIS )
200800020278
) ss. RENNETTA S
COUNTY OF KENDALL ) MICKELSON
KENDALL COUNTY, IL
RECORDED: 9 /9/2008 1:53 PM
ORD[: 40.00 RHSPS FEE: 10.00
PAGES: 4
Ordinance No. a bo % GS
AN ORDINANCE GRANTING A VARIANCE AT
352 354 AND 356 TWINLEAF TRAIL,
CITY OF YORKVII.LLE, 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 hearing on Wednesday,
June 4, 2008, to review a request to increase the height of a fence from 6 feet to 8 feet at 352,
354 and 356 Twinleaf Trail in order to provide screening from noise from the adjacent property
currently used for a dog kennel; and,
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.
The ZBA determined that there were no particular hardships due to the
topographical conditions of the properties.
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.
The ZBA noted that there are no other locations within Yorkville where
residential lots back up to both a skateboard facility and veterinary clinic.
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 determined that the hardship is not caused by anyone having a present
interest in the properties.
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.
Based upon the information presented at the public hearing, the ZBA determined
that the increased fence height would not be detrimental to the public or the
neighbors.
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 indicated that the increased fence height would not adversely impact
public health or safety.
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 increase the height of a fence from the
permitted maximum of six feet (6) to eight feet (8) as recommended by the Zoning Board of
Appeals for the purpose of deterring noise disturbances from the property adjoining the rear
yards of the following described property is approved:
"Lots 65, 66 and 67 in Whispering Meadows Unit 2, being a subdivision of part
of Sections 17 and 20, Township 37 North, Range 7 East of the Third Principal
Meridian, 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
�a day of , A.D. 2008.
i
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER � WALLY WERDERICH 1n
GARY GOLINSKI [ , MARTY MUNNS
ROSE SPEARS
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 04 day of J UHF , A.D. 2008.
Mayor
Attest:
C clerk \ �
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LEGAL DESCRIPTION
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Lots 65, 66, and 67 in Whispering Meadows Unit 2, being a subdivision of part of Sections 17
and 20, Township 37 North, Range 7 East of the Third Principal Meridian, in the United City of
Yorkville, Kendall County, Illinois.
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