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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: June 17, 2021
SUBJECT:
An Ordinance Amending Chapter 49 of the Code of Ordinances, City of Aurora, by Modifying the Zoning Map Attached Thereto by Rezoning the Property Located at 632 South Ohio Street from B-3, Business and Wholesale District to R-2, One Family Dwelling District (Vernon LaVia - 21-0337 / AU26/4-21.130-Rz - SB - Ward 3)
PURPOSE:
The Petitioner, Vernon LaVia, is requesting approval of a Rezoning petition for the property located at 632 South Ohio Street to be rezoned from B-3, Business and Wholesale zoning district to R-2, One Family Dwelling district.
BACKGROUND:
The Subject Property is currently zoned B-3, Business and Wholesale District. The property is approximately .619 acres. The Aurora Comprehensive Plan designates the property as Commercial, although the South Ohio Street right of way is designated for Low Density Residential. The structure was built as a single-family home in 1900. The property was designated for Residential on the city-wide 1929 zoning map and R-2, One Family Dwelling District on the 1957 city-wide zoning map. The zoning for the property was also changed at some point after the 1957 zoning map was established to the current B-3 zoning. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner, Vernon LaVia, is requesting approval of a Rezoning petition for the property located at 632 S. Ohio St. from B-3, Business and Wholesale District to R-2, One Family Dwelling District. As the Petitioner has clarified in the Qualifying Statement, the structure was originally built as a single-family home, but its interior was converted in the 1970s to include a second accessory dwelling unit for family members.
DISCUSSION:
Staff has reviewed the Rezoning petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
As the noted in the Petitioner's Qualifying Statement, this Rezoning request is being made to bring the subject property into compliance with the R-2 zoning district standards of the adjacent residential properties. The adjacent residential properties share access onto South Ohio Street, while the adjacent commercial properties all maintain primary access onto Hill Avenue. Therefore, this Rezoning request will maintain the existing residential zoning and residential nature of this block of South Ohio Street. The Petitioner intends for the structure's primary unit and the accessory unit to both be occupied by direct family members.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has not received public inquiries regarding this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
22.1 (1): To achieve appropriate zoning protection for residential areas designated
in the land use plan.
22.1 (2): To protect designated areas of existing conventional single-family
development from inappropriate highly intensive land uses.
22.1 (5): To recognize the unique characteristics of individual neighborhoods and
promote their positive attributes.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto by Rezoning the property located at 632 South Ohio Street from B-3, Business and Wholesale District to R-2, One Family Dwelling District, with the following condition:
1) That the structure’s existing accessory dwelling unit may continue to be utilized as an in-law suite and shall not be rented to any individual other than a family member.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Land Use Petition with Supporting Documents
Qualifying Statement
Property Research Sheet
Legistar History Report
Legistar Number 21-0337
cc: Building, Zoning, and Economic Development Committee
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Chapter 49 of the Code of Ordinances, City of Aurora, by Modifying the Zoning Map Attached Thereto by Rezoning the Property Located at 632 South Ohio Street from B-3, Business and Wholesale District to R-2, One Family Dwelling District
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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, Vernon LaVia 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 May 4, 2021, Vernon LaVia filed with the City of Aurora a petition Requesting to rezone the property located at 632 S. Ohio Street from B-3 Business and Wholesale District to R-2 One Family Dwelling District; and
WHEREAS, after due notice and publication of said notice, the Aurora Planning and Zoning Commission conducted a public hearing on June 16, 2020, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on June 23, 2021, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, finds that the proposed Rezoning is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, City of Aurora.
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 Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real estate property described in Exhibit “A”, from B-3, Business and Wholesale District to R-2, One Family Dwelling District with the following condition:
1) That the structure’s existing accessory dwelling unit may continue to be utilized as an in-law suite and shall not be rented to any individual other than a family member.