File #: 24-0934B    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 8/22/2024 In control: City Council
On agenda: 9/17/2024 Final action:
Title: Pass the ordinance approving a variance to Section 6-9-2:12 (Off Street Parking Facilities) in order to expand a driveway in the front and corner side yards without tapering or leading to a parking space that meets setback requirements at 557 W Gartner Rd - PZC 24-1-083
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B- Site Plan, 4. Exhibit C - Response to Standards, 5. Zoning Variance Form, 6. Plat of Survey, 7. Public Comment August 5, 2024, 8. Public Comment August 7, 2024
Related files: 24-0934

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
title

Pass the ordinance approving a variance to Section 6-9-2:12 (Off Street Parking Facilities) in order to expand a driveway in the front and corner side yards without tapering or leading to a parking space that meets setback requirements at 557 W Gartner Rd - PZC 24-1-083

body

 

DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Brad Iwicki, Assistant Planner

 

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-083 on August 21, 2024, and recommended approval of the request (6-0).  Staff concurs with the PZC’s recommendation.

 

BACKGROUND:

The subject property is zoned R1A (Low Density Single-Family Residence District) and is a corner lot east of the intersection of W Gartner Rd. and Holly Ct. The approximate .25-acre property is improved with a single-family residence. The owner and petitioner, John Krummen, requests approval of a variance to allow for the expansion of a driveway in the front and corner side yard without tapering or leading to a parking space that meets the front or corner side yard setback. 

 

DISCUSSION:

Section 6-9-2:12 of the Municipal Codes states that in the required front or corner side yard, driveways shall be permitted to gradually widen as a means of direct access to a parking space meeting the front and corner side yard requirements, provided that the driveway does not exceed the width of the garage opening.  The petitioner seeks approval of a variance to this section, to allow a driveway width that exceeds the width of the one-car garage without tapering or leading to a parking space that meets the front or corner side yard setback as depicted in the site plan attached. The proposed driveway will be approximately 17ft wide extending from the garage to the street in length. The proposed driveway will be approximately 7ft wider than the 10ft wide garage.

 

Additionally, within a required front and corner side yard, a permitted driveway shall only be widened as a means of direct access to a parking space that meets the front and corner side yard setback requirements. This extra width would normally be required to taper 15ft from the front yard setback. Driveways are permitted to widen to allow for a 9ft by 18ft auxiliary space that meets the required front or corner side yard setbacks, but must taper after 15ft measured from the front or corner side yard setback.

 

The residence was built in 1962 and is currently a nonconforming structure because it is located approximately 16.5 ft from the corner side property line, which does not meet the 30-foot required corner side yard setback in the R1A District. The location of the home makes it difficult for the driveway expansion to meet the tapering requirement because the location where the tapering must begin is directly related to the corner side yard setback. The petitioner would like to use the widened space to park vehicles, but without the variance the driveway could not be widened. Through the variance, the petitioner would be permitted to have the driveway extended wider than the garage for the entirety of the driveway and have the ability to park a car in this space.

 

The applicant has requested the variance because if the tapering requirements were met, the driveway would not be wide enough for vehicle access due to the location of the home relative to the 30-foot corner yard setback that is used to measure where the tapering must begin. Staff finds the location of the existing home and the one car garage width to be limiting factors. Many homes in Naperville have two car garages which allow for a driveway to match the garage width without tapering.

 

A fire hydrant is located in the City-owned right-of-way in the general vicinity of the proposed driveway. Staff from the Naperville Fire Department do not have concerns with the proposed design as the hydrant will be accessible by Fire Department services.

 

Findings of Fact

The petitioner’s responses to the Standards for Granting a Variance are included in the Development Petition. The PZC and staff are in general agreement with the petitioner’s Findings and recommends adoption by City Council.  

 

Planning and Zoning Commission Action

The Planning and Zoning Commission conducted the public hearing to consider PZC 24-1-083 on August 21, 2024. There was no public testimony on this agenda item. Chairwoman Van Someren stated she agreed with the petitioner’s hardship. After limited discussion, the Planning and Zoning Commission closed the public hearing and voted to recommend approval of the petitioner’s request (approved 6-0). Staff concurs with the Planning and Zoning Commission’s recommendation

 

Key Takeaways

§                     The petitioner requests a variance to permit a driveway expansion without tapering.

§                     Staff supports the requested variance, finding that the driveway is limited due to the nonconforming location of the home. Staff recommends approval of the variance request.