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TO: Mayor Richard C. Irvin
FROM: Zoning Board of Appeals
DATE: October 5, 2017
SUBJECT:
An Ordinance Approving a Setback Requirement Variance pursuant to Section 10.5 for property located at 1023 Ridgeway Avenue being north of Ridgeway Avenue and west of Elmwood Drive to allow for a 18 foot reduction of the front yard setback from 30 feet to 12 feet and a 21 foot reduction of the rear yard setback from 30 feet to 9 feet (ATMI Precast - 17-00863 / AU29/2-17.152-A/Su/DED/V - JM - Ward 4)
PURPOSE:
The Petitioner ATMI Precast is requesting approval of a setback variance pursuant to Section 10.5 for the property at 1023 Ridgeway Avenue located north of Ridgeway Avenue and west of Elmwood Drive to allow for a 18 foot reduction of the front yard setback from 30 feet to 12 feet and a 21 foot reduction of the rear yard setback from 30 feet to 9 feet which includes the development of a 52 stall parking lot.
BACKGROUND:
The Subject Property is currently Residential: Single Family and Vacant Land with R-1 One Family Dwelling District zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a setback variance pursuant to Section 10.5 to allow for an 18 foot reduction of the front yard setback from 30 feet to 12 feet and a 21 foot reduction of the rear yard setback from 30 feet to 9 feet. The details of the request include the development of a 52 stall parking lot to accommodate more employee parking for ATMI Precast on both the property at 1023 Ridgeway Avenue and the vacant lot to the east. The existing six foot fences running along the north, east, and west property lines will remain. The Landscape Plan includes the addition of canopy trees, evergreen trees, and understory trees on the yards to the north and east to provide buffer for the neighboring residential properties. Hedgerows will be added on the ends of the parking aisles.
Concurrently with this proposal, the Petitioner is requesting the Annexation of 0.18 acres being Lot 14 of Williams' Subdivision of Lot 1 of Lathrop’s Subdivision located east of 1023 Ridgeway Avenue. The details of the request include the annexation of the vacant property currently in Unincorporated Kane County. The parcel will be annexed as R-1 One Family Dwelling District zoning and will be included in the above-mentioned parking lot development.
The Petitioner is also requesting approval of a Plat of Dedication of Right-of-way for Ridgeway Avenue along the property located at 1023 Ridgeway Avenue. The Right-of-way for the vacant land currently in Kane County has already been dedicated.
Lastly, the Petitioner is also requesting approval of a Special Use for a Parking Facilities, Non-Residential (4170) use pursuant to Section 10.6 and Section 4.3. The details of the request include a Special use to allow a 52 stall parking lot. The current house on the site is in the process of being demolished. The development will continue to have one entrance but it will be relocated further west on the lot. The parking lot will include three aisles with parking on all sides
DISCUSSION:
Staff has reviewed the Variance petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
The property is located across the street from the existing parking lot for the ATMI precast business and adjacent to an existing commercial property with a 24 space parking lot, which currently abuts the front yard property line. The applicant proposes the new parking lot to accommodate more employee parking on site thus reducing the congestion created by on-street parking.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (5) To guide and promote development to areas where public utilities, public
roads and municipal services are either available or planned.
11.1 (3) To encourage new development contiguous to existing development.
40.1 (1) To attract and encourage industrial, office and office-research development
to planned sites where requisite public facilities are either present or proposed.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended APPROVAL of An Ordinance Approving a Setback Requirement Variance pursuant to Section 10.5 for property located at 1023 Ridgeway Avenue being north of Ridgeway Avenue and west of Elmwood Drive to allow for a 18 foot reduction of the front yard setback from 30 feet to 12 feet and a 21 foot reduction of the rear yard setback from 30 feet to 9 feet.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Final Plan
Landscape Plan
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 17-00863
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 ________________
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An Ordinance Approving a Setback Requirement Variance pursuant to Section 10.5 for property located at 1023 Ridgeway Avenue being north of Ridgeway Avenue and west of Elmwood Drive to allow for a 18 foot reduction of the front yard setback from 30 feet to 12 feet and a 21 foot reduction of the rear yard setback from 30 feet to 9 feet
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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, ATMI Precast Inc. 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 August 23, 2017, ATMI Precast filed with the City of Aurora a petition requesting approval of a setback variance pursuant to Section 10.5 for the property at 1023 Ridgeway Avenue located north of Ridgeway Avenue and west of Elmwood Drive to allow for a 18 foot reduction of the front yard setback from 30 feet to 12 feet and a 21 foot reduction of the rear yard setback from 30 feet to 9 feet; and
WHEREAS, on October 4, 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 October 12, 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,
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 7.4-5.11. Setbacks: To allow for a 18 foot reduction of the front yard setback from 30 feet to 12 feet and a 21 foot reduction of the rear yard setback from 30 feet to 9 feet
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.”