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TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: April 7, 2014
SUBJECT:
An Ordinance Granting a Variance to reduce the required front yard setback from thirty (30) feet to ten (10) and the exterior side yard setback from fifteen (15) feet to six (6) feet for a parking lot located at 635 E. New York Street.
PURPOSE:
The petitioner, J and G Properties Group, LLC, is requesting a Variance to reduce the required front and exterior side setbacks for a parking lot at the southeast corner of E. New York Street and Madison Street known as 635 E. New York Street..
BACKGROUND:
This Variance petition, was referred by the City Council to the Planning Division on March 18, 2014.
The property at Southeast corner of E. New York Street and Madison Street and 635 E. New York Street, is currently vacant, though a building used to occupy the corner. The building was removed and the slab foundation remains.
Legislative History:
Date Review Body Motion Vote
4/8/2014 Planning Council Forward Unanimous
4/16/2014 Zoning Board of Appeals Approval Unanimous.
DISCUSSION:
Proposal: The petitioner is requesting a Variance for the required front and exterior side setbacks for the construction of a new eleven (11) parking stall lot. This lot will be used for the business that is located at 22 N Union Street. There will be access to the Union Street business through a rear door located at the southeast corner of this lot. The proposal is to reuse the existing concrete foundation as the parking lot, cutting out the areas that are currently encroaching into the proposed setbacks, and installing an access point to the lot. Access for the parking lot will be from Madison Street only, and it is located 80 feet south of the intersection. Additionally the petitioner is proposing to install a six (6) foot tall privacy fence along the southern property line to provide screening to the residential unit immediately to the south. Included as part of the proposal is an eight (8) foot tall, fifty (50) square foot sign to be located at the corner of New York and Madison to provide signage for the business.
The petitioner is requesting two variances of the required setbacks. The first is a reduction along E New York Street from thirty (30) feet to ten (10) feet. The second is a reduction from fifteen (15) feet to six (6) feet along the Madison Street frontage.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended Approval of An Ordinance Granting a Variance to reduce the required front yard setback from thirty (30) feet to ten (10) and the exterior side yard setback from fifteen (15) feet to six (6) feet for a parking lot located at 635 E. New York Street (J and G Properties)
ATTACHMENTS:
Commission Memo
Commission Minutes Report
Property Research Sheet
Planning Council Report
Land Use Petition
Site Plan
Street Views"
cc: 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 to reduce the required front yard setback from thirty (30) feet to ten (10) and the exterior side yard setback from fifteen (15) feet to six (6) feet for a parking lot located at 635 E. New York 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, J and G Properties Group, LLC is the owner of record of the real estate commonly known as 635 E. New York 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 Variance request to reduce the required front and exterior side setbacks for a parking lot at the southeast corner of E. New York Street and Madison Street and 635 E. New York Street as provided by Section 8.3-5.12 of said Ordinance; and
WHEREAS, on April 16, 2014, 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 8.3-5.12 of said Ordinance and therein and recommended Approval; and
WHEREAS, on April 24, 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 Approval; and)
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 the real property commonly known as 635 E. New York 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:
Variance request to reduce the required front and exterior side setbacks for a parking lot at the southeast corner of E. New York Street and Madison Street and 635 E. New York Street as provided by Section 8.3-5.12 of the Aurora Zoning Ordinance
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: 14-00239
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit “B” Plan Information Sheet
EXHIBIT “A”
Legal Description
For the Variance for the property located at 635 E. New York Street
The Northerly 94.0 feet of Lot 2 in Block "M" of Anderson's Addition to Aurora, in the City of Aurora, Kane County, Illinois.
Parcel Number(s): 15-22-483-001
Commonly known as: 635 E. New York Street located in Kane County.
EXHIBIT “B”
Plan Information Sheet
Documents for the property located at 635 E. New York Street
Case File Number: AU22/4-13.383-V
Tax Parcel Number: 15-22-483-001
Owner:
J and G Properties Group
685 W Ohio St.
Chicago, IL 60654
Plan Prepared By:
Eduardo Proenza Architect
6806 Hohman Av.
Hammond, IN 46324
Date Plan Received: 3/4/2014
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.