CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a rear yard setback variance for the property located at 524 S. Brainard St - PZC 23-1-107
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: John Scopelliti, Assistant Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 23-1-107 on January 17, 2024, and recommended approval of the request (approved 5-0). Staff concurs.
BACKGROUND:
The property is zoned R1-B (Medium Density Single-Family Residence District) and is located at 524 S. Brainard St. The petitioner is Thomas Budzik, 2800 S River Rd, Des Plaines, IL 60018. The subject property is approximately 0.23 acres in size, with the primary dwelling unit fronting the east side of Brainard Street and driveway access provided at the rear of the property, from Victoria Ct. As depicted on the attached site plan, the subject property is unique as it is a flag lot with vehicular access provided from the rear of the property.
DISCUSSION:
The petitioner, Thomas Budzik, is proposing an approximately 750 square foot, two-story addition to the single-family home in the rear of the property as illustrated in the attachments. This addition serves to provide a new family room on the ground floor and a new office on the second floor. The petitioner is requesting approval of a variance from Section 6-6B-7:1 (Yard Requirements) of the Naperville Municipal Code to allow the proposed two-story addition to encroach up to 5 feet 1 inch into the 21.8-foot required rear yard. Staff notes the two-story addition is not parallel with the rear property line and that the proposed addition setback varies depending on where it is measured from. The proposed addition encroaches approximately 3 feet into the rear yard when measured from the north side, and approximately 5 feet 1 inch when measured at from the south side, resulting in approximately 85.72 square feet of the addition being located in the required rear yard.
The setback and lot coverage requirements that are established in the Naperville Municipal Code are intended to preserve a portion of a residential rear yard for open space. The petitioner’s proposed encroachment results from the unique configuration of the lot, combined with the access provided from the rear property line on Victoria Court, making the rear yard an irregular shape and shallow proximate to the existing home.
The petitioner has ensured the massing and design of the proposed addition maintain the existing character of the home and neighborhood, including maintaining similar building materials and utilizing window shapes and roof geometries found in the neighborhood. Additionally, the petitioner has indicated that neighboring homeowners have identified support for the proposed addition as provided in the attached public comments.
Based on the subject property’s unique configuration and compatibility with the surrounding neighborhood, the Planning and Zoning Commission and staff find the variance request to be appropriate and recommend approval of the request. The following condition of approval is recommended and is included in the prepared ordinance:
The 85.72 square feet of the two-story addition encroaching into the rear yard setback as depicted on the site plan shall be included when calculating the percentage of the required yard that may be occupied by detached accessory structures, such that the total square footage of all detached accessory structures plus the new addition shall not exceed 25% of the required rear yard per Section 6-2-10.5 of the Naperville Municipal Code.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. Upon review, the Planning and Zoning Commission and staff agree with the variance findings and recommend their adoption by City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted the public hearing to consider PZC 23-1-107 on January 17, 2024. No public comments were voiced during the public hearing.
Commissioner Athanikar stated that the improvements made sense on the property and noted that a hardship exists due to the shape of the lot. After limited discussion, the Planning and Zoning Commission closed the public hearing and voted to recommend approval of the petitioner’s request as presented (approved 5-0). Staff concurs with the Planning and Zoning Commission’s recommendation.
FISCAL IMPACT:
N/A