Ordinance 2008-076 STATE OF ILLINOIS ) 2 8 0 0 0 i2 1 c- 0 G�
COUNTY OF KENDALL) 7H - -b: :-':1 N_. -► CN tfq
I:I.NDALL i,tJUNTY, IL.
RECORDED: 10/1/2008 9:43 AM
ORDI: 49.00 RHSGS FEE: 10.00
GAGES: 4
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THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
ORDINANCE NO. 2008-76
An Ordinance of the United City of Yorkville, Kendall County, Illinois,
Approving a Variance in Fence Height for Richard Marker Associates, Inc.
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2008- 7�
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE IN FENCE HEIGHT FOR RICHARD MARKE ASSOCIATES, INC.
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, Richard Marker Associates, Inc. is the developer (the "Developer ") of commercial
property located at 728 East Veterans Parkway, Yorkville, Illinois, identified as permanent index
number (PIN) 02 -28- 253 -012, commonly known as the Heartland Center property (the "Subject
Property "); and,
WHEREAS, the Developer has requested that the Mayor and City Council of the City
(collectively, the "Corporate Authorities ") grant them relief from Section 10- 3- 2(D)(1)(b) of the City
Code of Ordinances (the "City Code "), which requires that open mesh -type fences have a height of six
feet (6') or less, by approving a variance to permit a fence of eight feet (8') in height for the eastern
property line of the Subject Property; and,
WHEREAS, the Zoning Board of Appeals ( "ZBA ") convened and held a public hearing on the
6 day of August 2008, to consider the request to increase the maximum height of a fence from six feet
(6') to eight feet (8') for the eastern property line of the Subject Property; and,
WHEREAS, the ZBA reviewed the standards set forth in Section 10- 14 -5(C) of the City Code,
and found that 1) there is no hardship associated with the conditions of the property; 2) the conditions
upon which the variation petition is based are not unique to the Subject Property, as there are other
commercial properties in the community that abut other unkempt properties; 3) the difficulty/hardship
was not caused by the City Code, and furthermore, the adjacent property to the east was in a state of
disrepair prior to the Developer purchasing the Subject Property and therefore knew of the situation
before commencing development; 4) granting the request would not be a hardship nor a benefit to 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 denial of the
requested fence height variance to eight feet (8'); and,
WHEREAS, since the ZBA recommended the denial of the requested variance, if the City
Council wishes to approve the variance it must do so by a two- thirds (2/3) vote, pursuant to the City
Code; and,
WHEREAS, the City Council, upon review of the variance request August 26, 2008, deemed the
fence to be appropriate provided the fence be double faced.
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 variance to permit a fence of eight feet
(8') in height for the eastern property line of the property located at 728 East Veterans Parkway,
Yorkville, Illinois, identified as permanent index number (PIN) 02 -28- 253 -012, commonly known as the
Heartland Center property, provided the fence be constructed with a double face.
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 a�
day of -h(,(C a5 - r , A.D. 2008.
CLERK
ROBYN SUTCLIFF V JOSEPH BESCO V
ARDEN JOE PLOCHER V WALLY WERDERICH n
GARY GOLINSKI MARTY MUNNS V
ROSE SPEARS V BOB ALLEN \I
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a7�
day of A'UC U5T 2008.
T � OL —t ;1� —�
MAYOR v
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LEGAL DESCRIPTION
LOT 8 IN HEARTLAND CENTER RESUBDIVISION OF LOT 3 IN UNIT 1. BEING A
SUBDIVISION OF PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP,
KENDALL COUNTY, ILLINOIS.
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