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TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: August 21, 2015
SUBJECT:
An Ordinance Granting a Setback Variance for property located at 939 Montgomery Avenue (A Touch of Glass and Mirror - L15-00598 / AU29/4-15.075-V - ES - Ward 4)
PURPOSE:
The petitioner, A Touch of Glass and Mirror is requesting approval of a setback variance for an addition at 939 Montgomery Avenue. The garage addition will be set back approximately 2 feet from the rear lot line, and 3 feet from the side (south) lot line. Lot coverage is in compliance as the total building coverage is at 56.4%, less than the allowed 60% for buildings only in the M-1 District.
BACKGROUND:
The petitioner has an existing 1,440 square foot building on a 3,762 square foot lot. The property is zoned M-1. The surrounding properties are zoned M-1. The Comprehensive Plan shows this area as Industrial. To the north is a single family residence, to the west is an industrial business and parking lot, to the south is a rental single family residence, and across the street to the east is Papa G's restaurant and parking lot.
DISCUSSION:
The petitioner wishes to add a 18' 10" x 36' garage addition (680 square feet) to the south end of the building to enclose the trucks for the business. That area is currently a parking lot where the trucks are stored outside. They have been broken into in the past. The addition is in line with the rest of the building, hence the 2 foot rear setback. The addition will be 3 feet from the south lot line. This is being built to the minimum size to fit two trucks. As this is in a zoned and planned industrial area, and is an existing business that does not create negative impacts on surrounding property, and will enclose current commercial vehicles on the property, staff would support the request.
POLICIES AND GUIDELINES :
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.
40.1(7) To encourage improvements in existing industrial areas that minimize industrial blight and reduce incompatibilities with neighboring land uses.
RECOMMENDATIONS:
The Zoning Board of Appeals recommends approval of the setback variance for an addition at 939 Montgomery Avenue.
ATTACHMENTS:
Exhibit A Legal Description
Exhibit B-1 Final Plan
Exhibit B-2 Building Elevations
Property Research Sheet
Planning Council Report
Land Use Petition
Legistar Number: 15-00598
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Setback Variance for property located at 939 Montgomery Avenue
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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, A Touch of Glass and Mirror is the owner of record of the real estate commonly known as 939 Montgomery Avenue 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 a setback variance as provided by Section 9.2-5.12 of said Ordinance; and
WHEREAS, on August 19, 2015, 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 27,2015, 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;
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 939 Montgomery Avenue and legally described on Exhibit “A” is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
Section 9.2-5.12: setback variance for an addition of 3' to the south lot line, and 2' to the west lot line.
Section Three: That the plan(s), hereafter referred to as Exhibit "B-1" Final Plan, Exhibit “B-2” Building Elevations, 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”.