Legislation Details

File #: 26-0491B    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 4/16/2026 In control: City Council
On agenda: 5/5/2026 Final action:
Title: Pass the ordinance granting a variance to the corner side yard setback to permit an addition to the principal structure at 32 South Columbia St. - DEV-0001-2026
Attachments: 1. Ordinance, 2. Exhibit A. Legal Description, 3. Exhibit B. Subject Property, 4. Exhibit C. Site Plan, 5. Exhibit D. Elevations, 6. Exhibit E. Response To Standards, 7. Petition Application, 8. Disclosure of Beneficiaries, 9. HPC Meeting Minutes 3-26-2026 DRAFT, 10. HPC Attachments, 11. PZC Meeting Minutes 4-15-2026 DRAFT
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CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
title

Pass the ordinance granting a variance to the corner side yard setback to permit an addition to the principal structure at 32 South Columbia St. - DEV-0001-2026

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Therese Egner, Community Planner

 

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered this matter April 15, 2026 and voted to recommend approval of the request (approved 6-0). Staff concurs.

 

On March 26, 2026, the Historic Preservation Commission (HPC) recommended approval of the requested Certificate of Appropriateness (COA) HPC-0003-2025, which permitted the proposed one and two-story addition visible from both Columbia Street and Van Buren Avenue, a new covered porch on the north secondary façade, and a new gable roof on the west front porch. Per Municipal Code  (“Code”), the HPC also provides a recommendation to the PZC regarding any variance that is sought in the Historic District. On March 26, 2026, the HPC also recommended approval of the required corner side yard setback variance.

 

BACKGROUND:

The subject property, generally located at the northeast corner of the Columbia St. and Van Buren Ave. intersection, is approximately 11,250 square feet and is improved with a 2.5-story single-family residence and detached garage. The principal structure is non-conforming due to the south wall of the building encroaching into the 15-foot required corner side yard setback in the R2 (Single-family and Low Density Multiple-family Residence) district. Per the Code, alterations to a non-conforming principal structure shall comply with the current regulations and requirements for the zoning district.

 

DISCUSSION:

The owners and petitioners, Mark and Melisa Urda, have submitted a variance request to allow the proposed addition to the principal structure to encroach into the required corner side yard as shown in the attachments. The proposed addition is approximately 1,600 square feet. The south exterior wall of the addition is designed to align with the south wall of the existing residence, requiring a variance for relief from the required corner side yard setback.

 

The Code provides that no portion of the principal structure shall encroach into the required corner side yard setback.  In order to construct the addition, the petitioner is requesting a variance from Section 6-6C-7:1 of the Code to permit the proposed addition to encroach approximately 10 1/4” into the 15-foot required corner side yard setback in the R2 district.

 

The R2 setback requirements are intended to prevent structures from being built near the public right-of-way.  While this portion of Van Buren Ave. is a platted and improved right-of-way, thus triggering the corner side yard setback requirements, this portion of the roadway functions as the terminus of the road with limited functionality and does not generate significant traffic. In addition, the petitioner identifies that their proposed improvements respect the aesthetic of the existing neighborhood.

 

Staff does not have concerns with the proposed design for the reasons mentioned above. Staff does not anticipate negative impacts to neighboring properties or users of the right-of-way and finds the requested variance to be appropriate. The requested variance, if approved, will be subject to compliance with the attached site plan.

 

Administrative Plat of Subdivision

The proposed changes to the residence will require an administrative subdivision plat to make the lot a legal lot of record. The administrative subdivision plat is required to be approved prior to the occupancy inspection.

 

The Electric Utility will request standard easements as part of the large room addition and electric service relocation. Any portion of the proposed structure may not be above, across, under, or over a drainage or utility easement from ground level to the sky. The site plan attached shows that the eave of the north-most addition will not extend over the 5’ easement requested along the interior side property line.

 

Historic Preservation Commission Review

A Certificate of Appropriateness (COA) is required because major work is proposed on the primary facades of the principal structure as described in Section 6-11-8 of the Code. The site plan and elevations for the proposed improvements are attached. On March 26, 2026, the HPC recommended approval of the requested COA.

 

Per Code, the HPC also provides a recommendation to the PZC regarding any variance that is sought in the Historic District. On March 26, 2026, the HPC also recommended approval of the required corner side yard setback variance.

 

Findings of Fact

The petitioner’s responses to the Standards for Variances can be found in the attachments. Upon review, the Planning and Zoning Commission and staff concur with the petitioner’s findings and recommends their adoption by City Council.

 

Planning and Zoning Commission Action

The Planning and Zoning Commission considered this matter at their meeting on April 15, 2026. No members of the public spoke on the request. Following limited comments, the PZC closed the public hearing, and moved to adopt the findings of fact as presented by the Petitioner and approve the requested variance (approved 6-0). Staff concurs.

 

Key Takeaways

                     The petitioner is requesting a variance to Section 6-6C-7:1 (R2: Yard Requirements) of the Naperville Municipal Code in order to allow for an addition to be constructed within the required corner side yard setback.

                     The HPC supported the variance request DEV-0001-2026 (vote: 9 in favor; 0 opposed). HPC-0003-2025 was also approved by the HPC for the major work proposed on the primary facades visible from the street.

                     The PZC recommends approval of the requested variance (approved 6-0). Staff concurs.