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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: August 20, 2020
SUBJECT:
An Ordinance Granting a Variance pursuant to Section 10.5-6 of the Aurora Zoning Ordinance for the property located at 613 Smith Boulevard to reduce the lot width from 75 feet to 57.33 feet, to reduce the minimum exterior side setback requirement from 15 feet to 3 feet, and to increase the maximum lot coverage from 40% to 44% (Ekaterini (Kate) Mesiacos - 20-0425 / AU26/3-20.117-V - JM - Ward 3)
PURPOSE:
The Petitioner Ekaterini (Kate) Mesiacos is requesting approval of a major variance, pursuant to Section 10.5-6 of the Aurora Zoning Ordinance, for the property at 613 Smith Boulevard to reduce the lot width from 75 feet to 57.33 feet, to reduce the minimum exterior side setback requirement from 15 feet to 3 feet, and to increase the maximum lot coverage from 40% to 44% to allow for the construction of a new single-family home on the property.
BACKGROUND:
The Subject Property is currently zoned with R-1 One Family Dwelling District zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Lot Width, Setback and Lot Coverage variance for the property at 613 Smith Boulevard. The variances are needed to allow for the demolition of the existing home and the construction of a new single-family home. The new home is planned to be a two-story home with a two-car garage. The garage location will be changed from fronting Morningside Avenue to fronting Smith Boulevard.
The lot does not meet the minimum lot width requirement, so the owners are requesting a variation to reduce lot width to allow for construction of a new home with a larger footprint. The new home will retain the existing front yard setback. The exterior side yard setback will be reduced from the current 11.7 feet from the building and 5.7 feet from the deck to 3 feet from the new house. The lot coverage reduction allows for a larger footprint and a patio on the rear.
Concurrently with this proposal, the Petitioner is requesting approval of an administrative variance, pursuant to Section 10.2-4 of the Aurora Zoning Ordinance, to reduce the minimum interior side setback requirement from 6 feet to 5 feet. This variance can be approved by the Zoning Administrator.
DISCUSSION:
Staff has reviewed the Variance petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
As noted above, the current lot and house is legal nonconforming as it does not meet the minimum lot width or the exterior and interior side yard setback requirements. These variances will allow the property to be conforming. Morningside Avenue and Smith Boulevard provide some additional green space between the property line and the roadway. The property line for 613 Smith Boulevard is around 25 feet back from Morningside Avenue roadway. While the new house will be closer, it will still be set back from the roadway. Directly across Morningside Avenue are tennis courts for the school district and not a residential use. The side yard variance should not have an impact on the home behind the house fronting Morningside Avenue, as that home is set far back on the lot. The new house will not be out of context with the neighborhood, which consists of a variety of size homes in one and two stories.
A portion of the fence currently lies within the City of Aurora's right-of-way. Public Works has requested a condition that if the City would need access to the City's right-of-way, that the portion of the fence within the right-of-way be removed by the owner.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation are based on the following Physical Development Policies.
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center
14.1 (4) To encourage quality site design throughout the City.
RECOMMENDATIONS:
Planning and Zoning Commission recommended APPROVAL of An Ordinance Granting a Variance pursuant to Section 10.5-6 of the Aurora Zoning Ordinance for the property located at 613 Smith Boulevard to reduce the lot width from 75 feet to 57.33 feet, to reduce the minimum exterior side setback requirement from 15 feet to 3 feet, and to increase the maximum lot coverage from 40% to 44%.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Site Plan
Concept Elevations
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 20-0425
cc:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Variance pursuant to Section 10.5-6 of the Aurora Zoning Ordinance for the property located at 613 Smith Boulevard to reduce the lot width from 75 feet to 57.33 feet, to reduce the minimum exterior side setback requirement from 15 feet to 3 feet, and to increase the maximum lot coverage from 40% to 44%
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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, Ekaterini and Theodoros Mesiacos 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, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated July 27, 2020, Ekaterini (Kate) Mesiacos filed with the City of Aurora a petition requesting approval of a major variance, pursuant to Section 10.5-6 of the Aurora Zoning Ordinance, for the property at 613 Smith Boulevard to reduce the lot width from 75 feet to 57.33 feet, to reduce the minimum exterior side setback requirement from 15 feet to 3 feet, and to increase the maximum lot coverage from 40% to 44%; and
WHEREAS, on August 19, 2020, the Planning and Zoning Commission 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 and recommended APPROVAL; and
WHEREAS, on August 26, 2020, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, finds that the proposed Variance is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
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 this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: 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 Five: That the real property legally described on Exhibit “A” is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
Section 7.5-5.5.B.i: To allow for the reduction of lot width from 75 feet to 57.33 feet;
Section 7.5-5.6: To allow for the increase of maximum lot coverage from 40% to 44%; and
Section 7.5-5.11: To allow for the reduction of the minimum exterior side setback from 15 feet to 3 feet
Section Six: That the variation be granted with the following condition:
1.) That the owner and subsequent owners are responsible for removing the portion of the fence located within the City of Aurora’s right-of-way if the City requires access to the right-of-way in the future.
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."