Ordinance 2008-087 STATE OF ILLINOIS )
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F(ECORDEU: 11/16/2008 18x50 Ahi
ONE: 49.00 RHSPS
PAGES: 3
Ordinance No. 2008 - gam
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SIDE YARD VARIANCE FOR JOE LUSK FOR THE PROPERTY LOCATED AT 308
WALNUT STREET
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, Joe Lusk is the owner (the "Owner ") of property located at 308 Walnut Street,
Yorkville, Illinois, which is 12,800 square feet and zoned R2 (the "Subject Property "); and,
WHEREAS, the Owner has requested that the Mayor and City Council of the City (collectively,
the "Corporate Authorities ") grant him relief from Section 10 -6C -413 of the City Code of Ordinances
(the "City Code ") reducing the side yard setback from 30 feet to 3 feet 3 inches; and,
WHEREAS, the Zoning Board of Appeals ( "ZBA ") convened and held a public hearing on the
3 rd day of September 2008, and continued on the 1 St day of October 2008, to consider the variance
request; 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 a hardship associated with the conditions of the Subject Property because the
existing house would need to demolished, including the removal of the existing foundation; 2) there is a
uniqueness associated with the conditions of the Subject Property because the existing house was built
in its present location prior to the adoption of the existing Zoning Code; 3) the difficulty/hardship was
not caused by the Owner; 4) the granting of the variance would not be detrimental to the public welfare
and /or the conditions of their properties because currently there is no sidewalk along this property; 5) the
granting of the variance will not adversely impact street congestion or otherwise adversely impact the
safety of the public; and,
WHEREAS, upon conclusion of said public hearing, the ZBA recommended the approval of the
requested side yard setback variance to 3 feet 3 inches, a 26 foot 9 inch reduction from the required 30
foot setback.
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 of 26 feet 9 inches to permit a
side yard setback of 3 feet 3 inches for Joe Lusk for the property located at 308 Walnut Street,
Yorkville, Illinois.
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 l y
day of , A.D. 2008.
C RK
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER LAS WALLY WERDERICH
GARY GOLINSKI L4S MARTY MUNNS
ROSE SPEARS � BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this lq
day of 0C: - 10 86R- 2008.
MAYOR
2
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1 in Block 1 of Gale's Addition to the town of Bristol, in the city of Yorkville,
Kendall County, Illinois.