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TO: Mayor Thomas J. Weisner
FROM: Edward T. Sieben, Zoning Administrator
DATE: March 7, 2014
SUBJECT:
A Resolution filing written protest to the DuPage County Variation Petition filed by Jim Luurs requesting to reduce the north side yard setback from 28 feet to 15.5 feet for a telecommunication tower on the property located at 9S774 Route 59, Naperville, IL 60564 (Jim Luurs - NA33/4-14.055-CV - ES Ward 8/ Mervine
PURPOSE:
To formally object to the proposed DuPage County Variance Petition for a setback reduction for a telecommunications tower at 9S774 Route 59, Naperville, IL.
BACKGROUND:
The DuPage County Zoning Board of Appeals (CZBA) held a hearing on the above stated variance on February 27, 2014. The Aurora City Staff submitted for consideration at this meeting a formal letter of objection to the proposed variance. The CZBA recommended that the item be placed on the March 6, 2014 CZBA agenda as a deferred item with no action to be taken on March 6, 2014. The item will next be heard by the CZBA on April 3, 2014 for consideration and action.
The item will next be heard by the County Development Committee Meeting on Tuesday April 15, 2014 and then on to County Board for final decision on Tuesday April 22, 2014.
DISCUSSION:
Proposal: The Subject Property is within the City of Aurora's Planning Jurisdiction, and is designated as Low Density Residential on the City's Comprehensive Plan. The City has been approached by the property owner in the past regarding annexation into the City and was informed that the plan for the property was to be zoned single family residential similar to the adjacent White Eagle Club residential subdivision.
Evaluation: The granting of a variance to facilitate the erection of a telecommunications tower on this site is not consistent with this residential designation. In fact the installation of a tower anywhere on the Subject Property may impede the future highest and best use of the property as an extension of the existing residential neighborhood, and the continuation of the access point directly onto Route 59 will perpetuate the negative impact on traffic.
As the 1.5 acre property is surrounded on all sides by incorporated properties, this tower will have an adverse effect on the surrounding properties as the Subject Property is not being held to the same standards. The proposed commercial tower would not be permitted on the Subject Property pursuant to either the City of Aurora or City of Naperville's Telecommunications Ordinance for a number of reasons including Aurora requiring a separation of no less than five hundred (500) feet from a single and/or two-family residential zoning district.
For these reasons the Staff does not support the placement of the proposed telecommunications tower on the subject property, and does not support the use of a variance to allow for the tower to be constructed at this location.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that the granting of this variance would have negative impact on the surrounding property value and quality of life of the residents in the White Eagle Club subdivision furthermore, the granting of this variance would have a negative impact on the ability of the property to be annexed and developed for the highest and best use and thus impact the City's future tax base.
RECOMMENDATIONS:
Staff recommends APPROVAL of the Resolution filing written protest to the DuPage County Variation Petition for the reasons stated in this memo.
ATTACHMENTS:
DuPage County Variance Notice
Staff Letter of Formal Objection
Property Information Sheet
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution filing written protest to the DuPage County Variation Petition filed by Jim Luurs requesting to reduce the north side yard setback from 28 feet to 15.5 feet for a telecommunication tower on the property located at 9S774 Route 59, Naperville, IL 60564
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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, pursuant to a Boundary Agreement approved by Resolution R94-113 on November 15, 1994 the Subject Property is within the City of Aurora planning area and is designated on the Comprehensive Plan as Low Density Residential; and
WHEREAS, the following Physical Development Policies, adopted by the City Council of the City of Aurora on April 3, 1984 by Ordinance O84-5279, support the concept of Low Density Residential on the site:
12.1 (7) To protect residential development from the negative effects of high volume traffic corridors and incompatible land uses.
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.
WHEREAS, the proposed variance is not consistent with the Comprehensive Plan designation or the Physical Development Policies of the City of Aurora; and
WHEREAS, on March 13, 2014, the Planning and Development Committee of the Aurora City Council reviewed the subject petition and recommended Approval of a formal objection to said proposed variance; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby grants Approval of the formal objection to be filed with the county regarding the DuPage County Telecommunications Tower setback Variance for a 60 foot tower at 9S774 Route 59, Naperville, IL 60564.
NOW THEREFORE, BE IT FURTHER RESOLVED that the Aurora City Clerk is hereby directed to file a certified copy of this Resolution, after its passage and signage by the Aurora City Council, with the DuPage County Zoning Enforcement Officer and the DuPage County Clerk, at the earliest possible time.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
____________________________ __________________________
Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
____________________________ __________________________
Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00182