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File #: 25-0286B    Version: 1
Type: Ordinance Status: Passed
File created: 3/5/2025 In control: City Council
On agenda: 3/18/2025 Final action: 3/18/2025
Title: Pass the ordinance approving a variance from Section 6-6A-7:1 to allow an addition to the principal structure to encroach into the required corner side yard setback for the property located at 1041 N West Street - DEV-0014-2025
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Site Plan, 4. Exhibit C - Response to Standards, 5. PZC Meeting Minutes 3-5-25 DRAFT
Related files: 25-0286, 25-0488

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
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Pass the ordinance approving a variance from Section 6-6A-7:1 to allow an addition to the principal structure to encroach into the required corner side yard setback for the property located at 1041 N West Street - DEV-0014-2025

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Brad Iwicki, Assistant Planner

 

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered DEV-0014-2025 on March 5, 2025, and recommended approval of the request (approved 6-0). Staff concurs.

 

BACKGROUND:

The petitioner and property owner, Kevin Doyle, has submitted a petition to request a variance for the property generally located at the southwest corner of the N West Street and Burning Tree Lane intersection.  The subject property’s front yard is located along Burning Tree Lane and the corner side yard is along N West Street. It is approximately 10,302 square feet and is zoned R1A Low Density Single-Family Residence District. The property is improved with a single-family residence with an attached garage. The principal structure is currently non-conforming as it is located 19.8 feet from the east property line, encroaching into the R1A zoning district’s required corner side yard of 30 feet.

 

DISCUSSION:

The scope of work proposed includes an addition to the home that will expand the building footprint and increase the gross floor area of the home. The existing two-story residence is non-conforming as it is located within the required corner side yard setback in the R1A District. Per Section 6-6A-7:1 (R1A: Yard Requirements) of the Naperville Municipal Code (“Code”), property in the R1A District requires a 30-foot setback along the corner side property lines. The subject property’s east property line along N West St. is considered the corner side yard per Section 6-2-3:4 (Yard Requirements).

 

The addition can be described in two parts.

1.                     It will expand the second-floor area over the one-story attached garage and mudroom which currently meet the required front and corner side yard setback requirements.

2.                     A two-story addition is proposed east of the existing mudroom and north of the two-story residential home. The two-story addition does not bring the residence closer to N West Street but increases the length of the structure’s footprint within the 30-foot required corner side yard setback, requiring a variance. If constructed, approximately 105 square feet of the proposed two-story addition would be located within the required corner side yard.

 

The petitioner indicates that the proposed design will accommodate their growing family, while respecting the existing configuration of their home and yard and preserving the handful of mature trees to the south and west of the home.

 

Staff notes the proposed addition will replace a walkway and stoop leading up to the mud room entryway, therefore the improvement will not result in the removal of a significant amount of green space. Additionally, the proposed addition does not encroach closer to the street than the existing structure and will not negatively impact neighboring properties. Staff do not have concerns about the petitioner’s request as proposed and are supportive of the request.

 

Following publication of the agenda item for the Planning and Zoning Commission, staff received one public comment in support of the request which was provided to the PZC prior to the meeting.

 

Findings of Fact

The petitioner’s responses to the Standards for Granting a Zoning Variance are attached. The PZC and staff agree with the petitioner’s Findings for the variance and recommend their adoption by City Council.

 

Planning and Zoning Commission Action

The PZC considered this matter at their meeting on March 5, 2025. There was no public testimony. Upon closing the public hearing several commissioners shared their support for the project and voted to recommend approval of the Petitioner’s request (approved 6-0).