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TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: July 22, 2016
SUBJECT:
An Ordinance Approving a Size Variance for a shed (200 sf. and 20 foot wall length) for property located at 551 Old Indian Trail (Mark Keith - 16-00484 / AU16/2-15.260-V - ES - Ward 6)
PURPOSE:
The Petitioner, Mark Keith, is Requesting approval of a size variance for a shed on the property at 551 Old Indian Trail. The shed is 200 sf. (10’ x 20’) which exceeds the maximum allowed size by 40 sf. Also, the 20’ wall length exceeds the maximum length by 4’.
BACKGROUND:
Mr. Keith replaced a smaller existing shed with the current shed in 2015. The zoning inspector noticed the new shed (as it backs up to Indian Trail Road) and cited it for needing a permit. A permit could not be issued in that it was too large, and only 1' from the rear property line (5' required to rear lot line, 3' to side lot line).
DISCUSSION:
After much discussion, Mr. Keith offered to have the shed moved so that it is in the proper location. Staff agreed to not object to the variance for the size and wall length if it was moved to the proper location. Staff feels that the 10' x 20' size shed does not impede the use of the property or adjoining property. Due to the very large size of the lot (0.40 acres, 80' x 220' lot), the overall size of the shed will not be unduly large. Mr. Keith indicated he needed the larger shed for additional storage of yard equipment and holiday items. Staff also feels that the quality of the shed is of very high materials.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
Said variance should not impair use of neighboring properties or impair property values.
RECOMMENDATIONS:
Based on the above, staff would not object to said variance.
ATTACHMENTS:
Property Research Sheet
Land Use Petition/Supporting Docs
Plat of Survey
Legistar History Report
cc:
Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Approving a Size Variance for a shed (200 sf. and 20 foot wall length) for property located at 551 Old Indian Trail
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, Mark Keith is the owner of record of the real estate 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, by petition dated May 19, 2016, Mark Keith filed with the City of Aurora a petition requesting approval of a size variance for a shed on the property at 551 Old Indian Trail, and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Zoning Board of Appeals conducted a public hearing on July 20, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on July 28, 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, concurs.
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 commonly known as 551 Old Indian Trail and legally described on Exhibit “A-1” is hereby granted APPROVAL of said Variance.