PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
title
Conduct the public hearing to consider a major change to a conditional use to grant a variance from Section 6-2-14 to allow a canopy to encroach in the major arterial setback for the subject property located at 311 E. Ogden (Bill’s Car Wash) - PZC 18-1-102
body
DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 18-1-102 was published in the Naperville Sun on November 18, 2018.
BACKGROUND:
A conditional use for the subject property was granted in 1999 (Ordinance #99-139) to establish use of the property as a car wash (note: a variance to locate the cashier booths in the front yard was granted through this Ordinance; no variance was listed for the installation of the existing canopy). Located north of Ogden Avenue, east of Brainard Street, the subject property has a common address of 311 E. Ogden. The lot is currently improved with a car wash and is zoned B3 (General Commercial District).
As noted above, the subject property was granted a conditional use in order to establish a car wash. The petitioner, Christian Kalischefski -WT Group, is requesting a variance to the major arterial setback requirements in order to construct a new canopy. Per Section 6-3-8:5.1.5 (changes to approved conditional uses), the variance request requires approval of a major change to the existing conditional use.
DISCUSSION:
Major Change to Amend a Conditional Use
The petitioner, has requested a major change to the existing conditional use to grant a variance that permits a canopy to encroach in the major arterial setback requirement. The proposed canopy will be approximately 23’ by 30’ in size and approximately 12’ in height. Per Section 6-2-14 (Major Arterial Setback), a minimum setback of 70’ from the centerline or 20’ from the edge of the right-of-way, whichever is greater, must be maintained. Upon review of the subject property, the centerline of the right-of-way is located 30’ from the property line. Therefore, the 70’ setback requirement applies and the canopy must be located 40’ from the property line. As proposed, the canopy is located approximately 7’-1” from the property line, extending approximately 33’ into the setback.
Per the petitioner, the goal of the proposed canopy is to improve visibility for customers using the pay/touch screen by providing protection from the sun/glare. The petitioner’s responses to the Standards for Granting a Variance are included in the attachments. Staff does not concur with the responses to the standards submitted by the petitioner. Staff’s comments with respect to the variance standards, based upon a review of the subject property and applicable Code provisions are as follows:
Variance Standard #1: The variance is in harmony with the general purpose and intent of this Title and the adopted comprehensive master plan.
Staff Comments: The major arterial setback requires the canopy to be located 40’ from the property line. As proposed, the canopy is located 7’-1” from the property line. An approximately 33’ encroachment does not maintain the intent of the major arterial setback requirement in the Municipal Code. While the proposed canopy will allow for the removal of 2 lower canopies and 2 payment kiosks, staff finds the overall size of the canopy is unnecessary for its proposed use.
Variance Standard #2: Strict enforcement of this Title would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district.
Staff Comments: The subject property is zoned B3. It is not unique from other properties in the same zoning district and strict enforcement of the major arterial setback requirements does not result in a hardship. Staff does not find that the requested variance is necessary and finds that smaller, individual canopies over the self-service pay points could be provided as an alternative to give protection from sun/glare. In addition, the proposed canopy is more than double in size of the existing canopy.
Variance Standard #3: The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.
Staff Comments: The existing canopy on the property is approximately 14’ by 23’ (322 square feet). The proposed canopy is 23’ x 30’ (690 square feet). This more than doubles the size of the existing canopy. Upon review of the surrounding Ogden Avenue corridor, staff finds the proposed size and encroachment into the setback will seem out of place with the character of the neighborhood.
Key Takeaways
§ The petitioner is requesting a major change to the conditional use to grant a variance to allow for a canopy to encroach into the major arterial setback at 311 E. Ogden.
§ Staff does not support the requested variance as the proposed canopy is not consistent with the underlying Code requirements.