CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a minor change to the conditional use approved by Ordinance 96-106 for the home-to-office conversion at 229 W Ogden Avenue - DEV-0158-2025
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
The subject property is .37 acres of land on the northeast corner of W Ogden Avenue and Eagle Street. The property is currently developed with a residential structure most recently occupied by a chiropractic office. On June 18, 1996, the City Council passed Ordinance 96-106, approving a conditional use in the R1B District to allow for a home to office conversion to operate a chiropractic office in accordance with Section 6-6B-3 (Conditional Use) of the Naperville Municipal Code (“the Code”). The property has been utilized as a chiropractic office since the approval of the conditional use.
Ordinance 96-106 included a condition of approval that the property may be used as a chiropractic office which shall exclude any office expansion into the existing garage. The chiropractic business is vacating the space, allowing for a new occupant.
At this time, the petitioner requests approval of a minor change to alter the approved conditions applicable to the conditional use, striking the language that the space may be used for a chiropractic office and proposing that the office may be used as a law office. Minor changes may be approved by the City Council without the review and recommendation of the Planning and Zoning Commission.
DISCUSSION:
Minor Change to the Conditional Use
The petitioner proposes altering the conditions applicable to the conditional use to allow for a law office to occupy the home-to-office conversion on the subject property. The petitioner’s law office is comprised of nine employees, with up to five employees occupying the building at one time. The parking capacity provided on site meets the requirements for off street parking for a business office.
Section 6-3-8:5 (Conditional Uses) of the Code identifies minor changes as changes not defined as major changes and which do not alter the concept or intent of the conditional use. Approval of a minor change to a conditional use is required upon the following:
• Any alteration of approved conditions applicable to the conditional use.
As noted above, Ordinance 96-106 included a condition of approval that the subject property be used as a chiropractic office. Altering this condition necessitates approval of a minor change to the conditional use.
Additionally, there are modifications to the interior floor plan proposed which do not expand the office use. Ordinance 96-106 excluded the existing garage from being used for a chiropractic office. The modifications include renovating the garage space from a storage room to a copy and file room. Staff considers the copy and file room to be of a similar purpose to the storage room previously utilized by the chiropractic office, therefore does not find this improvement to constitute an expansion of the current use. There are no modifications proposed to the site plan or building exterior.
Staff does not have concerns with the proposed minor change given that the change to permit a law office will not increase traffic demand or congestion in the area, no changes are proposed to the site, and the proposal is otherwise compliant with the required conditions for offices with the underlying R1B zoning designation.
Findings of Fact
The petitioner’s responses to the Standards for Amending a Conditional Use can be found in the attachments. Upon review, staff agrees with the petitioner’s Findings and recommends their adoption by the City Council.
FISCAL IMPACT:
N/A