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TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: October 20, 2016
SUBJECT:
An Ordinance Granting a Driveway located in front of the dwelling structure variance pursuant to Section 5.13-3.8.1.E.iii Driveways Configuration for property located at 572 North Avenue (Damian Argueta - 16-00944 / AU27/2-16.074-V-ES-Ward 2)
PURPOSE:
The purpose of the variance is to allow a driveway in front of the residence to allow the parking of a single car off street.
BACKGROUND:
The subject property is located at 572 North Avenue, on the north side of the street between Watson and Hinman Streets and is currently a single family residence zoned R-2 One Family zoning. The neighborhood consists of mostly single with some two family dwelling units. The proposal is to construct an approximately 10' wide by 16' deep parking pad in front of the house on the east portion. This will allow a single car to park off street.
DISCUSSION:
The subject house was built prior to 1900, and is on a lot that is 34 feet wide and 4,800 sf. in size. The homeowners purchased the property in 2015 and would prefer to have an off-street parking space. North Avenue is a very narrow ROW here (49') with parking on only the south side of the street. On-street parking is therefore more limited than a typical street. Also, during Winter during snowfalls, they have limited areas that they can move their car off the street. The City ordinance is very firm on not allowing a front yard to be paved for parking, however in this case, there is physically no room to put in a driveway or parking pad that is not in front of the house due to the narrow lot.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
14.1(2) To promote the preservation and revitalization of older residential neighborhoods and commercial areas within the City of Aurora.
21.1(1) To promote access to housing opportunities for all economic, racial, religious, ethnic, and age groups.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended APPROVAL of said Variance.
ATTACHMENTS:
Exhibit "A-1" Legal Description
Exhibit "A-2" Plat of Survey
Property Research Sheet
Planning Council Report
Land Use Petition
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Driveway Variance for the property located at 572 North Avenue, Aurora, Illinois
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Damian Argueta & Monica Zamora are the owners of record of the real estate legally described on Exhibit “A-1”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A-1”; and
WHEREAS, on September 22, 2016, Damian Argueta and Monica Zamora filed with the City of Aurora a petition requesting approval of a Driveway variance for a driveway to be located in front of the dwelling structure, pursuant to Section 10.5 and Section 5.13-3.8.1.E.iii "Driveways Configuration" for the property at 572 North Avenue, being on the north side of North Avenue between Watson Street and Hinman Street, to allow for a single car parking space, and also filed related required documents attached hereto as Exhibit “A-2”; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Zoning Board of Appeals conducted a public hearing on October 19, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 27, 2016, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the proposed Variance is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the driveway variance for the real property commonly known as 572 North Avenue / north side of North Avenue between Watson Street and Hinman Street and legally described on Exhibit “A-1” is hereby approved.