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TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: October 20, 2016
SUBJECT:
An Ordinance Granting a Driveway located in front of the dwelling structure variance pursuant to Section 5.13-3.8.1.E.iii Driveways Configuration for property located at 8 S. State Street (Noe and Yolanda Favela - 16-00907 / AU26/1-14.037-V - ES - Ward 2)
PURPOSE:
The purpose of the variance is to allow a driveway in front of the residence to allow the parking of a single car off street.
BACKGROUND:
The Subject Property is located at 8 S. State Street / east side of State Street south of Galena Boulevard and is currently Residential: Single Family with R-3 One Family Dwelling zoning. The neighborhood consists of mostly single with some two family dwelling units. The proposal is to construct a 10' wide by 19' deep parking pad in front of the house on the south portion. The owner submitted a drawing showing a 12 foot wide driveway, but they are agreeable to narrow that to 10' wide for a single car.
DISCUSSION:
The subject house was built in 1904, and is on a lot that is 28 feet wide at the front and is only about 3,200 sf. is size. The homeowners purchased the property about 4 years ago and have young children and would prefer to have an off-street parking space. Parking on the street is somewhat limited. They will sometimes park in the neighbor's driveway to unload the groceries and the children. Also, in the Winter during snowfalls, they have limited areas that they can move their car off the street. The City ordinance is very firm on not allowing a front yard to be paved for parking, however in this case, there is physically no room to put in a driveway or parking pad that is not in front of the house due to the narrow lot.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
14.1(2) To promote the preservation and revitalization of older residential neighborhoods and commercial areas within the City of Aurora.
21.1(1) To promote access to housing opportunities for all economic, racial, religious, ethnic and age groups.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended APPROVAL of said Variance.
ATTACHMENTS:
Exhibit "A-1" Legal Description
Exhibit "A-2" Plat of Survey
Property Research Sheet
Planning Council Report
Land Use Petition
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 Driveway Variance for the property located at 8 South State Street, Aurora, Illinois
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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, Noe Favela is the owner of record of the property commonly known as 8 South State Street, Aurora, Illinois and legally described on Exhibit “A-1”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A-1”; and
WHEREAS, on September 13, 2016, Petitioner filed with the City of Aurora a petition requesting approval of a variance pursuant to section(s) Section 5.13-3.8.1.E.iii "Driveways Configuration" for this property, being on the east side of State Street south of Galena Boulevard, to allow a driveway to be located in front of the dwelling structure, as well as related required documents, attached hereto as Exhibit "A-2"; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Zoning Board of Appeals conducted a public hearing on October 19, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 27, 2016, 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 Planning Commission, 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 driveway variance for the real property commonly known as 8 South State Street, Aurora, Illinois legally described on Exhibit “A-1” is hereby granted.