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TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: July 17, 2014
SUBJECT:
An Ordinance Granting a Variance Petition for garage door height of 9 feet and sidewall height of 15 feet 10 inches located at 79 N. Root Street, Aurora, Illinois 60505 (Juan Guerrero - 14-00465 / AU22/4-14.197-V - ES - Ward 2)
PURPOSE:
The Petitioner, Juan Guerrero, has submitted a Variance application for the property located at 79 N. Root Street. The details of the proposal include requesting a garage door height of 9 feet and sidewall height of 15 feet 10 inches located at 79 N. Root Street.
BACKGROUND:
The Subject Property is located at 79 N. Root Street and is currently utilized as a Single Family home with R-3 One Family Dwelling zoning. It is on the near northeast side of town with a mix of single and two family dwellings.
DISCUSSION:
The owner is proposing to build the maximum sized garage at his residence. He is a carpenter who works for custom home builders, and wishes to store his work van including tools within the garage. He currently does not have a garage and cannot safely store his vehicle and equipment including tools, compressors, generators, etc. The 9' door would allow his work van with ladder on top to fit inside the garage. The 15' 10" sidewall height would allow for a half story above, to store his tools and equipment. He is proposing walk up stairs.
Although the garage door and side wall heights would exceed the ordinance, the overall height would not exceed 21' which is the maximum. The half story above would not have sufficient ceiling height for anything but storage in the future. Two previous garage sidewall variances were granted recently, one for 13' 4" at 249 W. Illinois Ave., and one for 12' at 590 E. Galena Blvd. The AZO allows for a 9' maximum.
IMPACT STATEMENT:
This should have no additional impact on City services and increase the City's overall tax base.
RECOMMENDATIONS:
The ZBA recommended approval of the variance for the garage door height of 9' and the sidewall height of 15'10" for 79 N. Root St.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Planning Council Report
Land Use Petition
Qualifying Statement
Garage Drawings
Final Plat w/ garage location
cc:
Planning and Development Committee:
Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Variance Petition for garage door height of 9 feet and sidewall height of 15 feet 10 inches located at 79 N. Root Street, Aurora, Illinois 60505
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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, Juan Guerrero is the owner of record of the real estate commonly known as 79 N. Root 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 Petition for garage door height of 9 feet and sidewall height of 15 feet 10 inches located at 79 N. Root Street as provided by Section 4.4-6.5 C./D. of said Ordinance; and
WHEREAS, on July 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 4.4-6.5 C./D. of said Ordinance and therein and recommended approval; and
WHEREAS, on July 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 79 N. Root 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:
Section 4.4-6.5 C.: Increase the garage door height from 8 feet to 9 feet
Section 4.4-6.5 D.: Increase the garage side wall height from 9 feet to 15 feet 10 inches
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: 14-00465
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
EXHIBIT "A"
Legal Description
For the Variance for the property located at 79 N. Root Street
Lot 3 of Guerrero Subdivision
Parcel Number(s): 15-22-452-006
Commonly known as: 79 N. Root Street located in Kane County.
EXHIBIT "B"
Plan Information Sheet
Documents for the property located at 79 N. Root Street
Case File Number: AU22/4-14.197-V
Tax Parcel Number: 15-22-452-006
Owner:
Juan Guerrero
79 N. Root Street
Aurora, IL 60505
Plan Prepared By:
Juan Guerrero
79 N. Root St.
Aurora, IL 60505
Date Plan Received: June 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.