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TO: Mayor Richard C. Irvin
FROM: Zoning Board of Appeals
DATE: August 4, 2017
SUBJECT:
An Ordinance Granting a Setback Requirement Variance pursuant to Section 10.5 for property located at 659 S. Elmwood Drive being the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue (ATMI Precast/930 Ridgeway LP - 17-00612 / AU29/2-16.018-Su/V - JM - Ward 4)
PURPOSE:
The Petitioner ATMI Precast/930 Ridgeway LP is requesting approval of a setback variance pursuant to Section 10.5 for the property at 659 S. Elmwood Drive located on the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue.
BACKGROUND:
The Subject Property is currently industrial with M-2 Manufacturing - General zoning on the portion located on the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue and R-1 One Family Dwelling zoning on the portion located along Hartford Avenue. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Setback Variance from 60 feet to 12 feet for the western property line of the M-2 portion located on the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue. The details of the request include the addition of 12 parking spaces to the west side of the current parking lot. The current parking lot and use has been in existence since the early 2000s and is already within the current setback requirement being only 33’ from the property line. The use of the property will not change, and the additional spaces should have no negative impact on neighboring properties. A six foot fence and evergreen shrubs run along the boundary of the adjacent residential property providing a buffer. Additional landscaping will be added along the boundary.
Concurrently with this proposal, the Petitioner is requesting approval of a Special Use for a Parking Facilities, Non-Residential (4170) Use for the R-1 portion located along Harford Avenue. The details of the request include the construction of a 44 space, approximately 14,500 square foot parking lot. The ingress and egress will be from the current parking lot and Hartford Avenue. Six foot tall fences will run along the boundary of the properties to the north and south. A row of landscaping will be added to the boundary. The lot will be paved with permeable paving. The applicants propose the new parking lot to accommodate more employee parking on site thus reducing on-street parking. In addition, the Petitioner is requesting an authorized setback variance from 8 feet to 7.7 feet, which can be approved by the Zoning Administrator.
DISCUSSION:
Staff has reviewed the Variance petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
The use is already in existence and the additional parking on site would alleviate congestion on the street for the neighboring properties.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1 (3) To encourage new development contiguous to existing development.
40.1 (1) To attract and encourage industrial, office and office-research development to planned sites where requisite public facilities are either present or proposed.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended approval of an Ordinance Granting a Setback Requirement Variance pursuant to Section 10.5 for property located at 659 S. Elmwood Drive being the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Final Plan
Landscape Plan
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 17-00611
cc:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Setback Requirement Variance pursuant to Section 10.5 for property located at 659 S. Elmwood Drive being the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue
body
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, 930 Ridgeway LP is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated July 6, 2017, ATMI Precast/930 Ridgeway LP filed with the City of Aurora a petition requesting approval of a Setback Variance pursuant to Section 10.5 for the property at 659 S. Elmwood Drive located on the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue being Lot 2 through 5 in McKee’s Subdivision and Lots 1 through 17 in Robinson’s Addition to allow for a setback variance from 60’ to 12’ on the western property line; and
WHEREAS, on August 2, 2017, the Zoning Board of Appeals of the City of Aurora held a public hearing and therein found that the requested variation met the standards prescribed by Section 10.5-3 of said Ordinance and therein and recommended APPROVAL; and
WHEREAS, on August 10, 2017, 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 Zoning Board of Appeals, 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 real property legally described on Exhibit “A” is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
1.) Section 9.3.-5.12.C Setback Requirement Variance from 60’ to 12’ on the western property line.
Section Six: That the City Clerk of the City of Aurora is hereby authorized and directed to file with Kane County Recorder’s Office a certified copy of this Ordinance, on the property legally described on Exhibit “A”.