CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving 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
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-060 on July 17, 2024, and recommended approval of the request (7-0). Staff concurs with the PZC’s recommendation.
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 included the following as a condition of approval for the requested variance:
• 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, the PZC and staff are in general agreement with the variance findings and recommend adoption by City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted the public hearing to consider PZC 24-1-060 on July 17, 2024. Commissioner Van Someren stated that she visited the property and asked if additional arborvitae would be installed to provide screening from neighboring properties. The petitioner confirmed that additional landscaping has been installed. There was no public testimony on this agenda item. After limited discussion, the Planning and Zoning Commission closed the public hearing and voted to recommend approval of the petitioner’s request (approved 7-0). Staff concurs with the Planning and Zoning Commission’s recommendation.
Key Takeaways
The Petitioner requests 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 occupied at 923 Watercress Dr.