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TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: June 20, 2014
SUBJECT:
An Ordinance Granting a Variance for parking setbacks due to the IDOT taking located at 956-996 N. State Route 59, Aurora, Illinois 60504 (LACERA/Gateway Virginia Properties, Inc.
PURPOSE:
The petitioner, LACERA/Gateway Virginia Properties, Inc., is requesting a Variance for parking setbacks due to the IDOT taking at 956-996 N. State Route 59.)
BACKGROUND:
This Variance petition, for a portion of the Meridian Business Campus Special Use Planned Development, was referred by the City Council to the Planning Division on April 8, 2014.
Legislative History:
Date Review Body Motion Vote
6/17/2014 Planning Council Forward Unanimous
6/18/2014 Planning Commission Approval Unanimous.
DISCUSSION:
Proposal: Development Proposal: There is no actual development occurring as part of this request. The petitioner is requesting the variances to address the non-conformity created by the IDOT taking of property along the Route 59 frontage for the widening of road.
IDOT has taken a variable portion of the property along the northern property line to accommodate the widening of Meridian Parkway ranging in size from 13 feet to as much as 22 feet. Along the Route 59 frontage the taking is also variable, on average across the frontage 22 feet of property was purchased for the widening project. This has resulted in a variable impact on the existing setbacks. Generally the setback along route 59 has been 50 feet. Along this frontage though, on the northern portion of lot 3, which has the Sweet Tomatoes Restaurant, the setback was as much as 62 feet. The closest portion of the parking lot for this parcel is 40 feet. The Boston Market parcel has the beginning of the taper for the new right turn lane for route 59. This results in a variable impact, reducing the setback down to 24 feet at the narrowest location at the southern property line of the lot 3. This 24 foot setback continues across the remaining frontage of lot 1, going south to Liberty Street. This reduction in the required setback is the result of the taking by IDOT, and the petitioner would not gain any functional area to be able to expand the existing parking. Where the parking lot curblines exist now is the farthest extent to which they can reach.
The proposed setbacks would be as follows:
North: Meridian Parkway (Sweet Tomatoes parcel): seventeen (17) feet
East: Route 59 (Sweet Tomatoes parcel): forty (40) feet
East: Route 59 (Boston Market parcel): twenty-four (24) feet
East: Route 59 (Lot 1 parking lot): twenty-four (24) feet
Evaluation: Staff has reviewed the Variance petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made all the requested changes to these documents.
The request is similar to the previous requests of other property owners within the corridor. The resulting nonconformity created by the widening of Route 59 will be addressed and the properties will become fully conforming with the issuance of the setback reductions.
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:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff recommends APPROVAL of the Variance for parking setbacks due to the IDOT taking at 956-996 N. State Route 59.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Planning Council Report
Land Use Petition
Qualifying Statement
Legal Descriptions
ALTA Survey
Site Plan
Plat of Survey
ZBA Report
Cc:
Planning and Development Committee:
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 Variance for parking setbacks due to the IDOT taking located at 956-996 N. State Route 59, Aurora, Illinois 60504
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, LACERA/Gateway Virginia Properties, Inc. is the owner of record of the real estate commonly known as 956-996 N. State Route 59 and legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth, has made application for a variation of Ordinance No. 3100, being the Aurora Zoning Ordinance, requesting Variance Petition for parking and signage setbacks to relocate the sign due to the IDOT taking at 956-996 N. State Route 59 as provided by of said Ordinance; and
WHEREAS, on June 18, 2014, 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 of said Ordinance and therein and recommended Approval; and
WHEREAS, on June 26, 2014, the Planning and Development Committee of the City Council of the City of Aurora reviewed the findings and recommendation of the Zoning Board of Appeals of the City of Aurora and recommended Approval; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, 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 the real property commonly known as 956-996 N. State Route 59 and legally described on Exhibit "A" is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
North: Meridian Parkway (Sweet Tomatoes parcel): seventeen (17) feet
East: Route 59 (Sweet Tomatoes parcel): forty (40) feet
East: Route 59 (Boston Market parcel): twenty-four (24) feet
East: Route 59 (Lot 1 parking lot): twenty-four (24) feet
Section Three: That the plan(s), hereafter referred to as Exhibit "B", shall be attached hereto and incorporated herein by reference as if fully set forth.
Section Four: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Five: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Six: 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 Seven: 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"..
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00323
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
EXHIBIT "A"
Legal Description
For the Variance for the property located at 956-996 N. State Route 59
THAT PART OF LOT 3 IN MERIDIAN BUSINESS CAMPUS, PHASE 2, UNIT 4 BEING A SUBDIVISION IN SECTION 16, TOWNSHIP 38 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 11, 1994 AS DOCUMENT NUMBER R1994-109452, (EXCEPT THAT PART TAKEN BY THE STATE OF ILLINOIS FOR ROADWAY PURPOSES), IN DUPAGE COUNTY ILLINOIS.
Parcel Number(s): 07-16-402-001, 003, 004, and 005
Commonly known as: 956-996 N. State Route 59 located in Kane County.
EXHIBIT "B"
Plan Information Sheet
Documents for the property located at 956-996 N. State Route 59
Case File Number: NA16/4-13.262-V
Tax Parcel Number: 07-16-402-001, 003, 004, and 005
Owner:
LACERA/Gateway Virginia Properties, Inc.
Plat Prepared By:
SpaceCo Inc.
9575 W Higgins Road, Suite 700
Rosemont, IL 60018
Date Plat Received: May 30, 2014
NOTE: A COPY OF THESE DOCUMENTS AS REFERENCED HEREON ARE ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.