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TO: Mayor Thomas J. Weisner
FROM: Ed Sieben, Zoning Administrator
DATE: February 6, 2014
SUBJECT:
A Variance Petition to vary the vertical sidewall height of the garage located at 590 E. Galena Boulevard.
PURPOSE:
The petitioner, Spiro P. Korpas, is proposing a Variance Petition to vary the vertical sidewall height of the garage from 9 feet to 12 feet located at 590 E. Galena Boulevard.
BACKGROUND:
This Variance petition was referred by the City Council to the Planning and Zoning Division on January 14, 2014.
Legislative History:
Date Review Body Motion Vote
1/21/2014 Planning Council Forward unanimous
DISCUSSION:
Development Proposal:
The proposal consists of varying Section 4.4-6.5.C "Height and Bulk" of the Aurora Zoning Ordinance to increase the vertical sidewall height from 9 feet to 12 feet for the existing 2-car garage.
The variance is not proposed to change the garage's overall height, but to modify the existing roof pitch and thus the vertical sidewall height. A new storage loft in the garage is proposed for the petitioner's tenants, with a breakable ladder/pull-down rope.
Evaluation:
Staff has reviewed the Variance petition submitted by the petitioner. The Aurora Zoning Ordinance does not allow the vertical sidewall of a garage to exceed a height of 9 feet, per Section 4.4-6.5.C "Height and Bulk" of the Aurora Zoning Ordinance. One of the reasons for this restriction was to eliminate garages with loft space, which could be illegally used for residential living space. The petitioner indicated that the garage loft space will be used for tenant storage only.
The proposal should not negatively impact the surrounding properties, since the garage height and area is not changing.
The Zoning Board of Appeals recommended Approval.
Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner.
Public Input:
Due public notice was given for the public hearing on this matter. No witnesses came forward at the hearing. As of the date of this report, staff has not received any public inquiries regarding this petition.
IMPACT STATEMENT:
This item will increase the tax base and overall viability of the City which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
The Zoning Board of Appeals would recommend Approval of the Variance Petition to vary the vertical sidewall height of the garage from 9 feet to 12 feet at 590 E. Galena Boulevard by Spiro P. Korpas.
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 increase the garage vertical sidewall height on the property located at 590 E. Galena Boulevard, Aurora, Illinois
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, Spiro P. Korpas 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, has made application for a variation of Ordinance No. 3100, being the Aurora Zoning Ordinance, in order to increase the vertical sidewall height of the garage from nine (9) feet to twelve (12) feet as provided by Section 4.4-6.5.C "Height and Bulk" of said Ordinance; and
WHEREAS, on February 5, 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 10.5-3 of said Ordinance and therein recommended that the City Council of the City of Aurora grant the requested variation; and
WHEREAS, on February 13, 2014, the Planning and Development Committee of the City Council of the City of Aurora reviewed and concurred with the findings and recommendation of the Zoning Board of Appeals of the City of Aurora.
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 590 E. Galena Boulevard and legally described on Exhibit "A" is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
1. Increase the vertical sidewall height of the garage from nine (9) feet to twelve (12) feet.
Section Three: That the variation be granted.
Section Four: That the Plat of Survey, hereafter referred to as Exhibit "B", shall be attached hereto and incorporated herein by reference as if fully set forth.
Section Five: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Seven: 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 Eight: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable 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
EXHIBIT "A"
LEGAL DESCRIPTION
For the property located at 590 E. Galena Boulevard, Kane, IL
PARCEL ONE:
THAT PART OF LOT 8 IN BLOCK I OF ANDERSON'S ADDITION TO AURORA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 25.5 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO SAID SOUTHERLY LINE 79.2 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 8 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 27 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 34.4 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE SOUTHERLY ALONG SAID EASTERLY LINE 106.2 FEET TO THE POINT OF BEGINNING, IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS.
Parcel Number: 15-22-481-019
Commonly Known as: 590 E. Galena Boulevard located in Kane County.
EXHIBIT "B"
INFORMATION SHEET
For the Plat of Survey for the property located at 590 E. Galena Boulevard, Aurora, IL
Case File Number: AU22/4-13.511-V
Tax Parcel Number: 15-22-481-019
Owner: Spiro P. Korpas
2490 Coach & Surrey Lane
Aurora, IL 60506
Date Plat of Survey Received by Planning: 1/21/2014
Plat of Survey Prepared By: Todd Surveying
Illinois Registered Land Surveyor: Thomas J. Todd
NOTE: A COPY OF THIS PLAT AS REFERENCED HEREON IS ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.