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TO: Mayor Richard C. Irvin
FROM: Zoning Board of Appeals
DATE: December 7, 2017
SUBJECT:
An Ordinance Granting a Setback Variance Pursuant to Section 10.5, for the Property Located at 645 North Elmwood Drive (Velbar, LLC - 17-01009 / AU16/3-17.156-V - SB - Ward 4)
PURPOSE:
The Petitioner, Velbar, LLC, is requesting approval of a setback variance pursuant to Section 10.5 of the Aurora Zoning Ordinance, for the property at 645 N. Elmwood Drive, to allow for a 10 foot reduction of the front yard and exterior side yard setback from 15 feet to 5 feet, a 15 foot reduction of the interior side yard setback from 20 feet to 5 feet, and a 3 foot reduction of the rear yard setback from 8 feet to 5 feet.
BACKGROUND:
The Subject Property is currently vacant land with B-2 General Retail District zoning. The subject property is located in a small commercial area on West Illinois Avenue, and is appropriately designated by the Aurora Comprehensive Plan as commercial. The surrounding neighborhood is predominantly one family dwelling, with an elementary school. The subject property is .49 acres, and is located at the southeast corner of West Illinois Avenue and North Elmwood Drive. Additional information can be found in the attached Property Research Sheet.
The Petitioner is requesting a setback variance to allow for the development of a 4,900 square foot commercial building with four units: three units will be used for commercial retail, and one unit will be used for a restaurant. The accompanying parking lot will consist of thirty parking spaces.
DISCUSSION:
The existing setback requirements for the subject property are based on its B-2 zoning, which is determined by the zoning of adjacent lots and abutting street classifications. As a means to demonstrate the need for a setback variance, the Petitioner has provided accompanying site plans and building elevations. These documents demonstrate the feasibility of a new retail center on the subject property, with the support of a setback variance, that will provide expanded economic opportunities for this vacant property and the surrounding neighborhood, while also remaining consistent with the surrounding built environment.
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:
14.1 (4): To encourage quality site design throughout the City of Aurora.
22.1 (5): To recognize the unique characteristics of individual neighborhoods and promote
their positive attributes.
51.1 (6): To promote the location and expansion of commercial activities within the City
Consistent with the Comprehensive Plan.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended APPROVAL of said Variance.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Survey
Final Plan
Landscape Plan
Building & Signage Elevations
Fire Access Plan
Phase I Environmental Report
Phase II Environmental Report
Landscape Material Worksheet
Property Research Sheet
Land Use Petition and Supporting Documents
Finding of Facts
Legistar History Report
Legistar Number: 17-01009
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 Variance Pursuant to Section 10.5, for the Property Located at 645 North Elmwood Drive.
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, Velbar LLC, 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 October 31, 2017, Velbar, LLC filed with the City of Aurora a petition Requesting approval of a Setback Requirement variance pursuant to Section 10.5 for the property at 645 N. Elmwood Drive to allow for a 10 foot reduction of the front yard and exterior side setback from 15 feet to 5 feet, a 15 foot reduction of the interior side yard setback from 20 feet to 5 feet, and a 3 foot reduction of the rear yard setback from 8 feet to 5 feet Lot 2, Lot 3, Lot 6, and Lot 7 and related required documents as attached hereto as Exhibits "A" through Exhibit “B”; and
WHEREAS, on December 6, 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 December 14, 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-1” is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
Section 10.5: Setback Requirement.
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”.