CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance from Section 6-2-10:5 to allow approximately 30.5% of the required rear yard to be occupied at 247 Claremont Dr. - PZC 24-1-069
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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 24-1-069 on August 21, 2024, and recommended approval of the request (6-0). Staff concurs.
BACKGROUND:
The approximately 13,113 square foot subject property is located at the south side of Claremont Dr., between Jefferson Ave. to the north and Willoway Dr. to the east. The property is zoned R1A (Low Density Single-Family Residence District) and is improved with a single-family residence. Accessory structures that are currently existing in the required rear yard include an in-ground pool, spa, patio and free-standing pergola with a fireplace. The Property Owners and Petitioners are Nick and Jackie Hinz.
DISCUSSION:
The Petitioners seek approval of a variance to permit an existing pergola to remain on the property as illustrated on the site plan, following the addition of a pool and patio on the subject property. 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 approximately 118 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 618.25 square feet. The Petitioner is requesting approval of a variance to permit the existing pool, spa and patio, and the free-standing pergola with fireplace to cover approximately 755 square feet, or 30.5% of the required yard, exceeding the permitted area, as described above.
The square footage of the in-ground pool and spa within the required rear yard is 387 square feet and 49 square feet, respectively. The square footage of the existing pergola is 360.5 square feet; 288 square feet of the pergola is in the required rear yard. The pergola is a wood-frame canopy featuring several light fixtures. The area covered by the pergola occupies 11.6% of the required rear yard. Removal of the existing pergola would result in compliance with Section 6-2-10:5 (Percentage of Required Yard Occupied) of the Municipal Code.
Staff is generally supportive of the request and finds that the pergola 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 the accessory structures contributing to the required rear yard occupancy are currently existing, and 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.
The petitioners received approval to install a pool and patio that brought the rear yard lot coverage to more than 25%, with a condition that a request for variance be submitted to allow the existing and proposed structures to remain on the property. If the variance was denied, the petitioners would be required to remove their pergola to bring the property back into compliance.
Planning staff, with authorization from the Director of Transportation, Engineering and Development, discussed the following conditions with the Petitioner on May 6, 2024, prior to the Petitioner submitting a formal request for a variance:
• By June 7, 2024, the petitioner must submit the required variance application, required documents, and applicable fee to the TED Business Group seeking approval to exceed the maximum allowable rear yard coverage to permit the proposed pool, spa, patio, and existing pergola.
o If the submittal is not made by this date (and no extension is granted), the petitioner will be required to remove the existing pergola by July 1, 2024 to bring the property into compliance with the City’s rear yard lot coverage requirements.
• Upon staff approval of the variance application and all associated documents, proceed through the Planning and Zoning Commission public hearing process (including providing required notice) and City Council final vote.
o If City Council approves the requested variance, no further action is required. All proposed/existing structures will be permitted.
o If City Council denies the requested variance, the petitioner will be required to remove the existing pergola within 30 days of that denial.
The application, required documents, and applicable fee were submitted prior to June 7, 2024. Staff recommends the following condition of approval for the requested variance:
• Any additional structures which increase the percentage of the rear yard occupied on the Subject Property beyond 30.5% in the future 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 24-1-069 on August 21, 2024. 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 6-0). Staff concurs with the Planning and Zoning Commission’s recommendation.
Key Takeaways
§ The Petitioner requests approval of a variance to Section 6-2-10:5 (Percentage of Required Yard Occupied) of the Naperville Municipal Code to permit approximately 755 square feet (30.5%) of the required yard to be covered at 247 Claremont Dr.