cover
TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: October 23, 2014
SUBJECT:
Variance Petition for an oversized garage with a carport located at 822 S. Union Street (Jose Cepeda - L14-00768 / AU27/4-14.002-V - ES - Ward 3) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Jose Cepeda, is requesting a Variance Petition for an oversized garage with a carport located at 822 S. Union Street, Aurora, Illinois 60505 The details of the proposal include a garage of 819 square feet (36.4' x 22.5'), in addition to a 491 square foot (36.4' x 13.5') attached carport. The Zoning Ordinance allows for a maximum sized detached garage of 768 square feet. This totals 1,310 square feet, a 70.5% increase over the allowed size.
BACKGROUND:
Mr Cepeda was cited for a zoning violation in late 2013 for constructing a 12 foot addition to his detatched garage plus a carport without a permit and which violated the size requirements for a detatched garage. The original detatched garage was approximately 24' x 22.5' in size. A permit was filed which was put on hold since it didn't meet the size requirements. Mr. Cepeda was told in early 2014 to remove about 3' from the rear of the garage, in addition to the carport to bring the garage into compliance with the Zoning Ordinance. He failed to do so, and it was filed for hearings. Subsequently, on September 3, Mr. Cepeda filed for this variance.
DISCUSSION:
Staff does not support the proposed variance as the improvements were built without permits, so there is no hardship to the owner. Staff suggests following through on our previous recommendations to bring the garage into Zoning compliance.
PHYSICAL DEVELOPMENT POLICIES:
11.1 (3) To encourage new development contiguous to existing development.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended DENIAL of the Variance Petition for an oversized garage with a carport located at 822 S. Union Street.
ATTACHMENTS:
Finding of Facts
Legistar History Report
Land Use Petition
Qualifying Statement
Plat of Survey
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 Petition for an oversized garage with a carport located at 822 S. Union Street.
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, Jose Cepeda is the owner of record of the real estate commonly known as 822 S. Union Street 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 to add 12' to the rear of the garage and add a carport totaling 1,310 square feet, above the 768 square feet allowed by Section 4.4 of said Ordinance; and
WHEREAS, on 10/22/2014, the Zoning Board of Appeals of the City of Aurora held a public hearing and therein found that the requested variation did not meet the standards prescribed by Section 4.4 of said Ordinance and therein and recommended DENIAL; and
WHEREAS, on 10/30/2014, 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 CONDITIONAL 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 822 S. Union Street 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 4.4: Garage Size Variance in excess of 768 sf. The addition to the garage may remain resulting in an overall size of 819 sf. However, the carport must be removed.
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: L14-00768
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
EXHIBIT "A"
Legal Description
For the Variance for the property located at 822 S. Union Street
Parcel Number(s): 15-27-482-006
Commonly known as: 822 S. Union Street located in Kane County.
Lot 6 and the North 25 feet of Lot 7 in Block 14 of W. B. Miller's Subdivision of Blocks 1, 2, 13, and 15 and all of Block 14 of H. H. Evan's Third Addition to Aurora in the City of Aurora, Kane County, Illinois
EXHIBIT "B"
Plan Information Sheet
Documents for the property located at 822 S. Union Street
Case File Number: AU27/4-14.002-V
Tax Parcel Number: 15-27-482-006
Owner:
Jose Cepeda
822 S. Union Street
Aurora, IL 60505
Plat Prepared By:
James M. Olson Associates, Ltd.
107 W. Madison Street
Yorkville, IL 60560
Date Plat Received: September 3, 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.