TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: November 20, 2013
SUBJECT: title
An Ordinance granting a Variance to increase the vertical sidewall height of the detached garage from 9 feet to 13 feet 4 inches, located on the property located at 249 W. Illinois Avenue, Aurora, Illinois (Szymon Bilotas - AU15/3-13.442-V - TM - Ward 6)
body
PURPOSE:
The petitioner, Szymon Bilotas, is proposing Variance Petition to vary the vertical sidewall height of the garage from 9 feet to 13'4" located at 249 W. Illinois Avenue.
BACKGROUND:
This Variance petition was referred by the City Council to the Planning Division on November 5, 2013.
Legislative History:
Date Review Body Motion Vote
11/20/2013 Zoning Board of Appeals Conditional Approval Unanimous
11/12/2013 Planning Council Forward Unanimous
DISCUSSION:
Development Proposal:
The proposal consists of approving the proposed variance for the detached garage that has already been constructed at 249 W. Illinois Avenue. The petitioner applied for and had a permit issued to construct the garage. During construction a field change was made resulting in the vertical sidewall height being increased to provide for additional storage above the first floor. This change was noticed at the rough framing inspection. The petitioner then came in and applied for the variance to bring the structure into compliance with the code. Additionally, there is a walk up stair case that has been constructed on site. Walk up stair cases are not typically permitted, typically there is no need for walk up stairs, with the level above the first floor typically not having enough space for anything other than storage.
Evaluation:
Staff has reviewed the Variance petition, submitted by the petitioner and have sent comments back to them on those submittals.
The increase to the vertical sidewall height was a change made by the petitioner to create additional storage space above the first floor. The petitioner was not aware of the restriction, and made the change without submitting revised plans. The roof line of the garage, designed to match the roof line of the house, allows the additional height of the sidewalls to not push the overall height of the structure above the total permitted height of a detached garage.
The limitation of vertical sidewall height was put into the ordinance to prevent giant storage building from being constructed on residential properties. The petitioners first floor is of a standard height and the garage door is of a standard height. It is the extra height on the second level to provide additional storage that does not conform to the City's ordinance.
The walk up stair case is a concern of staff due to the fact that in the past these types of walk up storage areas have been converted into rental units. This negatively contributes to population density and congestion in the neighborhoods. The petitioner has agreed to a condition that prior to selling the property, he will remove the walk up stair case, and install the standard pull down steps, therefore eliminating the possibility of future owners having the opportunity to convert that space into living space.
Public Input:
Due public notice was given for the public hearing on this matter and as of the date of this staff report the Planning Division has not had any inquiries regarding this case.
IMPACT STATEMENT:
This item will increase the tax base and overall viability of the City which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
The Zoning Board of Appeals made the recommendation for CONDITIONAL APPROVAL of the variance request to increase the vertical sidewall height of the detached garage from 9 feet to 13 feet 4 inches, located on the property located at 249 W. Illinois Avenue, Aurora, Illinois by Szymon Bilotas, with the following condition:
1. Prior to sale of the property the Petitioner agrees to remove the walk-up stair case and replace it with a set of pull down stairs.
The Staff's Recommendation is based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City's position as a regional center.
11.0 To guide the growth of the City in an orderly and structured manner.
14.1(3)To protect, preserve and restore the historical and architectural heritage of the City.
ATTACHMENTS:
Property Information Sheet
Findings of facts
Plat of Survey
Garage Plans
Garage photos
Planning Council Summary
cc: Alderman Saville, Chairman
Alderman Irvin
Alderman Donnell
Alderman Hart-Burns, Alternate