CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
title
Receive the staff report and conduct the public hearing to consider the Annexation Agreement and related ordinances for the property located at 7S731 Olesen Drive (Kerrigan Estates) - DEV-0173-2025 (Item 1 of 6)
body
DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Anna Franco, AICP, Community Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission conducted the public hearing regarding DEV-0173-2025 on February 18, 2026, and recommended approval of the petitioner’s request (approved 8-1). Staff concurs.
BACKGROUND:
The property is located on the east side of Olesen Drive between Norwood Court and Johnson Drive and has a common address of 7S731 Olesen Drive. The 1.87-acre property features a significant grade change of about 26 feet from the rear of the property down to the front of the property at Olesen Drive and is currently vacant due to the recent demolition of the existing single-family home.
The property is currently zoned R-3 in unincorporated DuPage County and is adjacent to unincorporated residential property to the north and south and incorporated residential property to the east (zoned R1A) and incorporated Hobson Grove Park (zoned R1A) across Olesen Drive to the west. The subject property is contiguous to the City of Naperville’s corporate limits and is therefore eligible for annexation.
DISCUSSION:
The petitioner, D.J.K. Custom Homes, Inc., with permission from the property owner, the Thomas F. Kerrigan Living Trust dated June 20, 2023 and the Margaret V. Kerrigan Living Trust dated June 20, 2023, requests annexation, rezoning to R1A upon annexation, approval of a preliminary/final plat of subdivision, and approval of a variance to the maximum peak building height in order to annex the property into the City, subdivide the property into two legal lots of record and construct a new single-family home on the larger, northernmost lot (Lot 2) of the new subdivision.
Rezoning
Upon annexation, the petitioner seeks to rezone the subject property to R1A (Low Density Single-Family Residence District). The subject property meets the R1A lot size and width requirements. Staff finds the proposed R1A zoning to be compatible with the existing zoning of surrounding properties and consistent with the Future Land Use Master Plan. The petitioner’s standards for Granting a Map Amendment are included in the attachments. Upon review, the Planning and Zoning Commission and staff agree with the petitioner’s findings and recommend their adoption by the City Council.
Annexation and Preliminary/Final Plat of Subdivision
In association with the rezoning request, the petitioner is also requesting approval of annexation and a preliminary/final plat of subdivision to incorporate the property into the City of Naperville and subdivide the property into two legal lots of record. The preliminary/final plat of subdivision complies with all technical zoning requirements. Staff recommends approval of the requested preliminary/final plat of subdivision.
Height Variance
The tear down infill regulations outlined in Section 6-2-26:4 (Tear Down/Infill Regulations: Height Limitations) of the Municipal Code state that the maximum height for infill single-family detached dwellings shall be 2½ stories, not to exceed 35’ with a maximum peak roof height of 40’. The proposed single-family home on Lot 2 of the subdivision is one story, with mean height of 34.29’ and a peak height of 42.38’, thereby requiring a variance to the maximum peak height.
The property is unique in that it has a substantial grade change of approximately 26 feet from the rear property line down to the front property line along Olesen Drive. Municipal Code Section 6-2-4 (Building Height and Bulk) requires building height to be measured from the average grade at the front setback line, which is at an elevation of 695’ for the subject property and well below the home’s average finished grade of 709.79’ due to the property’s grade change. This results in a peak building height of 42.38’ as opposed to a lower peak height of 27.58’ if height were measured from the average finished grade.
Due to the significant grade of the property and the location of where building height must be measured per the Municipal Code, Staff finds a hardship to exist on the property and is supportive of the proposed variance. The petitioner’s responses to the Standards for Granting a Zoning Variance are attached. Upon review, the Planning and Zoning Commission and staff agree with the petitioner’s findings and recommend their adoption by the City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted the public hearing to consider DEV-0173-2025 at the February 18, 2026 meeting. Four nearby property owners spoke in opposition of the requests, and one nearby property owner spoke in support of the requests.
The Commission posed several questions to the petitioner and staff about the proposed requests, including questions about future plans for the second lot of the subdivision, building visitability, and clarification of which requests were under the purview of the Commission. The Commission noted that the second lot on the property is intended for construction of a single-family home for family members and asked if an accessory dwelling unit would be a viable alternative to subdividing the property. Staff confirmed that accessory dwelling units are not currently permitted in the City of Naperville but are recommended to be permitted in the City’s Future Land Use Plan. The Commission encouraged City Council to consider allowing accessory dwelling units in the City. The Commission also discussed the overall character of development in the area and emphasized a need for thoughtful development that is cognizant of the area’s history. While some on the Commission found the requests to be inconsistent with the character of the area, the overall Commission found no issue with the requests. The Planning and Zoning Commission closed the public hearing and voted to recommend approval of the petitioner’s request (approved 8-1). Staff concurs.
Key Takeaways
• The petitioner requests annexation, rezoning to R1A upon annexation, approval of a preliminary/final plat of subdivision, and approval of a variance to the maximum building height to annex the subject property into the City and construct a new single-family home on the northernmost lot of the new subdivision for the property located at 7S731 Olesen Drive.
• Staff and the Planning and Zoning Commission are in support of the requested entitlements.
Related Files
• 26-0394 - Pass the ordinance authorizing the execution of the Annexation Agreement (requires six positive votes) for Kerrigan Estates - DEV-0173-2025 (Item 2 of 6)
• 26-0395 - Pass the ordinance annexing 7S731 Olesen Drive for Kerrigan Estates - DEV-0173-2025 (Item 3 of 6)
• 26-0396 - Pass the ordinance rezoning 7S731 Olesen Drive for Kerrigan Estates to R1A upon annexation - DEV-0173-2025 (Item 4 of 6)
• 26-0397 - Pass the ordinance approving a Preliminary/Final Plat of Subdivision for Kerrigan Estates - DEV-0173-2025 (Item 5 of 6)
• 26-0398 - Pass the ordinance approving a variance for Kerrigan Estates - DEV-0173-2025 (Item 6 of 6)
FISCAL IMPACT
None