PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance from Section 6-2-10:5 to permit a pavilion and fireplace structure in the rear yard at the property located at 923 Watercress Dr - PZC 24-1-060
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
ENTITLEMENTS REQUESTED:
A variance to Section 6-2-10:5 (Percentage of Required Yard Occupied) has been requested to permit a pavilion with a fireplace to be constructed in the rear yard to allow 31.5% of the required rear yard to be occupied at 923 Watercress Drive.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC #24-1-060 was published in the Naperville Sun on June 30, 2024.
BACKGROUND:
The approximately 11,850 square foot subject property is located at the east side of Watercress Dr., between Gartner Rd. to the north and Henning Ct. to the south. The property is zoned R1A (Low Density Single-Family Residence District) and is improved with a single-family residence. Accessory structures that have received approval of a permit or are currently existing in the required rear yard include an in-ground pool and patio. The owner of the property is Kevin Lorenz.
DISCUSSION:
The Petitioner, Scott Lucchetti, is the property owner’s contractor and seeks approval of a variance to permit a pavilion and fireplace to complement the approved pool and patio as illustrated on the site plan. Per Section 6-2-10:5 (Percentage of Required Yard Occupied) of the Municipal Code, detached accessory structures are permitted to cover 25% or 480 square feet of the required rear yard, whichever is greater. Section 6-2-10:5 also provides that any unroofed brick paver or concrete patio which is less than 500 square feet in size shall be exempt from inclusion in this calculation. As such, the proposed site plan includes 242 square feet of patio space that is exempt from the rear yard occupancy calculation.
For this property, the required rear yard is 30’ and detached accessory structures are permitted to cover 25% or 621.23 square feet. The Petitioner is requesting approval of a variance to permit the existing pool and patio, and the proposed pavilion with fireplace to cover approximately 790.8 square feet, or 31.9% of the required yard.
The pavilion will consist of a 13.75-foot-tall structure comprised of cedar wrapped, pressure treated posts with masonry base supporting an asphalt shingle roof. The fireplace is gas only, attached to and extending above the proposed pavilion, and features light fixtures and a ceiling fan.
The square footage of the approved in-ground pool within the required rear yard is 513 square feet and the square footage of the proposed pavilion and fireplace within the required rear yard is 277.8 square feet. The total of the proposed accessory structures in the required rear yard is 790.8 square feet (31.9%), exceeding the 621.23 square feet that is permitted, as described above.
Staff is generally supportive of the request and finds that the proposed pavilion is appropriate since the in-ground pool and patio add to the percentage of rear yard occupied but do not add visual bulk typically caused by vertical structures. Staff notes that any future accessory structures proposed in the required rear yard of the subject property would trigger the review and approval of a separate variance application.
As such, staff recommends the following as a condition of approval for the requested variance (please note that this language is not final) in any ordinances prepared:
• Any additional structures which increase the percentage of the rear yard occupied on the Subject Property will be subject to review and approval of a new variance request.
Findings of Fact
The Petitioners’ responses to the Standards for Granting a Variance are included in the attachments. Upon review, staff is in general agreement with the variance findings and recommends adoption by the Planning and Zoning Commission.
Key Takeaways
The Petitioner requests approval of a variance to Section 6-2-10:5 (Percentage of Required Yard Occupied) of the Naperville Municipal Code to permit 790.8 square feet (31.9%) of the required yard to be covered at 923 Watercress Dr.