TO: Mayor Thomas J. Weisner
FROM: Zoning Board of Appeals
DATE: September 4, 2013
SUBJECT: title
An Ordinance granting a variation of the Zoning Ordinance for a setback reduction for Building and Parking for the property located at 1036 N. State Route 59, Aurora, Illinois 60504 (Darden Restaurants, Inc. - NA16/4-11.347-V - TM - Ward 10)
body
PURPOSE:
The petitioner, Darden Restaurants, Inc., is proposing Variance Petition for parking and building setbacks due to the IDOT taking along Route 59 with a Final Plan Revision for landscaping and signage located 1036 N. State Route 59
BACKGROUND:
This Variance petition was referred by the City Council to the Planning Division on June 25, 2013.
Legislative History:
Date Review Body Motion Vote
8/4/2013 ZBA Approval Unanimous
7/9/2013 Planning Council Forward Unanimous
7/5/2013 Planning Staff Approval N/A
DISCUSSION:
Proposal: The petitioner is requesting a setback reduction for both the building and parking. This reduction is due to the Illinois Department of Transportation (IDOT) taking. The proposal consists of the previously approved signage being relocated outside of the right-of-way, as well as updating the landscape plan.
The Zoning Board of Appeals discussed the widening of the Route 59 and the impact of the project on the property. The necessity of the variance to Darden Restaurants and their request to obtain the variance to bring the property into full conformance and that impact on the financing of non-conforming properties
Evaluation: Staff has reviewed the Variance petition, submitted by the petitioner and have sent comments back to them on those submittals. The Variance request for setback reductions for the Parking from 50 feet to 23 feet, and for the building from 60 feet to 49 feet, is due to the IDOT taking for right-of-way for the future widening of State route 59 in front of the store. The state required approximately 25 feet at the north side of the property and approximately 29 feet on the south side of the property. Due to no fault of the petitioner the property has changed resulting in the need for the variances to allow this property to be considered conforming.
The Final Plan revisions show how the landscaping has been impacted by the taking, as well as a new location for the approved monument sign. The sign has already been relocated so as not to be located in the new ROW. At this time there is still an issue with the landscaping at the property. In 1998 a majority of the approved landscape material was Autumn Purple White Ash. Unfortunately these trees have been impacted greatly by the Emerald Ash Borer. To remain in conformance with the approved zoning the petitioner is required to remove and replace these trees. In doing so, the applicant will then be in conformance with the approved landscape plan.
Public Input :Due public notice was given for the public hearing on this matter and as of the date of this staff report the planning division has not had any inquires regarding this case.
IMPACT STATEMENT:
The Planning and Zoning Division does not anticipate any impact to other City Department with the approval of this Petition.
RECOMMENDATIONS:
The Zoning Board of Appeals recomended APPROVAL of the Setback Reductions for the building and parking at 1036 N. State Route 59 by Darden Restaurants, Inc.
ATTACHMENTS:
Property Information Worksheet
Findings of Fact
ZBA Report
Planning Council Summary
Plans
cc: Alderman Saville, Chairman
Alderman Irvin
Alderman Donnell
Alderman Hart-Burns, Alternate