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TO: Mayor Richard C. Irvin
FROM: Zoning Board of Appeals
DATE: September 20, 2018
SUBJECT:
An Ordinance granting a Major Variance to exceed the forty percent lot coverage requirement in the R-2, One Family Dwelling District to allow for a driveway extension, pursuant to Section 10.5 and Section 7.6-5.6 of the Aurora Zoning Ordinance, for the property located at 816 Hinman Street (Gerardo and Ana Sosa - 18-0606 / AU27/4-18.109-V - SB - Ward 3)
PURPOSE:
The Petitioners, Gerardo and Ana Sosa, are requesting approval of a Major Variance for the property located at 816 Hinman Street. The requested variance is pursuant to Section 7.6-5.6, which allows for a maximum lot coverage of forty percent in the R-2, One Family Dwelling District. In particular, the expansion of the existing driveway is exceeding this permitted lot coverage.
BACKGROUND:
The subject property is currently zoned R-2, One Family Dwelling District. The property is a legal nonconforming lot, as it does not meet the R-2 zoning district’s standard for lot width, which is sixty (60) feet, or area, which is eight thousand (8,000) square feet. The existing lot is approximately forty-two (42) feet wide, one hundred thirty-two (132) feet deep, and has an area of approximately five thousand, five hundred, forty-two (5,542) square feet. The approximate, total footprint of the building is one thousand, one hundred, fifteen (1,115) square feet. The approximate, total footprint of the detached garage is five hundred, seventy-six (576) square feet. The approximate, total footprint of the area covered by paving, prior to the new driveway extension, is one thousand, four hundred, seventy-one (1,471) square feet. Therefore, the total, approximate lot coverage, prior to the new driveway extension was three thousand, one hundred, seventy-two square feet. The total lot coverage was approximately fifty-seven (57) percent. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
DISCUSSION:
The Petitioner applied for a driveway permit in May of 2018. The submitted permit indicated a driveway that repaved the existing driveway, and to also expand the driveway’s edges to the southern edge of the garage. This permit was approved and issued. The driveway that was paved, however, extends past the garage’s southern edge by approximately eight (8) feet, to run even with the southern building line. The paved area, which is approximately five hundred, seventy-six square (576) feet, does not match the reviewed and approved permit. The current lot coverage is sixty-seven (67) percent.
The Petitioner has indicated that the existing paved area provides an area for their children to play under their supervision and is safer than other parts of the property, like the front yard or in the street. Therefore, the Petitioner is requesting this Variance with the belief that the expanded paved area is necessary for the well-being of their family.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received one public inquiry raising concerns regarding previous property maintenance issues at this property, and drainage onto the adjacent lot to the north.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
22.1 (1): To achieve appropriate zoning protection for residential areas designated
in the land use plan.
22.1 (2): To protect designated areas of existing conventional single-family
development from inappropriate highly intensive land uses.
22.1 (5): To recognize the unique characteristics of individual neighborhoods and
promote their positive attributes.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended DENIAL of said Variance.
ATTACHMENTS:
Exhibit “A” Legal Description
Driveway Permit 18-1996 - 2018-05-03
Driveway Extension Photographs - 2018-05-11
Lot Coverage Calculation - 2018-06-29
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0606
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
Edward T. Sieben, Zoning & Planning Director
John P. Curley, Chief Development Services Officer
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Major Variance to exceed the forty percent lot coverage requirement in the R-2, One Family Dwelling District to allow for a driveway extension, pursuant to Section 10.5 and Section 7.6-5.6 of the Aurora Zoning Ordinance, for the property located at 816 Hinman Street
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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, Sosa, Gerardo & Martinez Ana 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 July 12, 2018, Gerardo and Ana Sosa filed with the City of Aurora a petition requesting approval of a variance to exceed 40% lot coverage for the property at 816 Hinman Street to allow for a driveway extension and related required documents as attached hereto as Exhibits "A” and
WHEREAS, on September 19, 2018, 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 and Section 7.6-5.6 of said Ordinance and therein and recommended DENIAL; and
WHEREAS, on September 27, 2018, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended DENIAL of said petition; and
WHEREAS, on October 23, 2018, the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition:
1) That the concrete area marked in red on the attached survey shall be removed (approximately 240 sq. ft.), with the option to replace said area for a patio with permeable pavers up to 100 sq. ft., separated via physical barrier from the existing driveway, or it may remain open space.
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” is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
Section 10.5: Variations.
Section 7.6-5.6: Lot Coverage.
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”