Ordinance 2008-077 STATE OF ILLINOIS
)SS R fz" 1 -11'•I 1~ T T
COUNTY OF KENDALL) 1 °I g l" 4 : L- S 0 hl
KE:IqDAI_I_ COUNTY, II_
RECORDED: 9/16/2008 9:37 AM
ORDI: 40.00 RHSPS FEE: 10.00
PAGES: 4
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THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Ordinance No. 2008-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE IN FENCE HEIGHT FOR RWE MANAGEMENT COMPANY
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, RWE Management Company is the developer (the "Developer ") of property
located at 102 Garden Street, Yorkville, Illinois, identified as permanent index number (PIN) 05- 05 -277-
002 (the "Subject Property "); and,
WHEREAS, the Developer intends to develop the Subject Property as an animal hospital with
some kennel facilities; 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 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'); and,
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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) there is a
uniqueness associated with the development of the Subject Property as an animal hospital, and the
increased fence height will increase the potential of keeping the animals safe during their visit to the
hospital; 3) the difficulty /hardship was not caused by the City Code; 4) the neighbors of the Subject
Property attended the public hearing and did not indicate that the granting of the variance would be
detrimental to the public welfare and/or the conditions of their properties; 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 approval of the
requested fence height variance to eight feet (8') on the condition that the fence be a bronze colored
aluminum industrial grade fence.
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 RWE Management Company, on the condition that the fence be a bronze colored
aluminum industrial grade fence, for the property located at 102 Garden Street, Yorkville, Illinois,
identified as permanent index number (PIN) 05 -05- 277 -002.
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 �� , �,. ��—t , A.D. 2008.
CITY C ERK
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
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ROSE SPEARS BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 6_
day of S 2008.
C�
MAYOR
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LEGAL DESCRIPTION
Lot 5 Prairie Garden, N.E. Quarter, Section 5, Township 36N, Range 7 East of Y Principal Meridian,
Kendall County, Illinois.