File #: 17-414    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 5/18/2017 In control: City Council
On agenda: 6/6/2017 Final action: 6/6/2017
Title: Receive the staff report for Camarena Subdivision located at 535 N Webster Street, PZC 16-1-173 (Item 1 of 3).
Attachments: 1. Development Petition, 2. 90% Rule Map, 3. Site Plan, 4. PZC Minutes May 3, 2017, 5. Public Comment
Related files: 17-415, 17-416

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
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Receive the staff report for Camarena Subdivision located at 535 N Webster Street, PZC 16-1-173 (Item 1 of 3).

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Kasey Evans, AICP

 

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on May 3, 2017 and voted to recommend approval of the request (Approved 7-0).  Staff concurs.

 

BACKGROUND:

The property, 535 N Webster Street, is located at the southwest corner of N Webster Street and 6th Avenue, and is zoned R1B (Medium Density Single-family Residence District).  The property is approximately 0.45 acres and is currently improved with a single-family home and detached garage.

 

DISCUSSION:

The petitioner, Sylvia Kanney, requests approval of a preliminary/final subdivision plat to subdivide the property into 2 lots, a variance to reduce the rear yard setback on Lot 1, and a variance to reduce the front yard setback on Lot 2.  The petitioner intends to retain the existing home on Lot 1, demolish the existing detached garage, and construct a new single-family home on Lot 2.

 

Preliminary/Final Plat of Subdivision and OAA

The petitioner requests approval of the Preliminary/Final Plat of Subdivision for Camarena Subdivision, in order to subdivide the subject property into 2 lots that are 11,349 square feet (Lot 1) and 8,183 square feet (Lot 2) in size.  The proposed lots are in compliance the R1B lot size <https://www.municode.com/library/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH6REDI_ARTBR1MEDESIMIREDI_6-6B-5ARRE> minimum of 8,000 square feet and the 90% Rule <https://www.municode.com/library/il/naperville/codes/code_of_ordinances?nodeId=TIT7SURE_CH4DEST_7-4-4LAUS> minimum lot size of 8,183 square feet.  Both lots also comply with the minimum lot width of 50’.  Staff finds that the proposed Preliminary/Final Plat of Subdivision for Camarena Subdivision meets all other technical requirements for approval.  The Owner’s Acknowledgement & Acceptance (OAA) is included in the ordinance approving the Preliminary/Final Plat of Subdivision.

 

Rear Yard Setback Variance for Lot 1

Per Municipal Code Section 6-6B-7 (R1B: yard Requirements) <https://www.municode.com/library/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH6REDI_ARTBR1MEDESIMIREDI_6-6B-7YARE> the minimum rear yard setback is 25% of the lot depth, not to exceed 30’.  Upon subdivision of the property, Lot 1 will have an average lot depth of approximately 103’ and will therefore have a minimum required rear yard setback of 25.75’.  Petitioner intends to retain the existing single-family home on Lot 1, therefore the petitioner requests a variance to permit the existing home to have a rear yard setback of 17.91’ in lieu of the 25.75’ required.  The existing attached garage is setback further on the lot than the remainder of the home and is the only portion of the structure that encroaches into the 25.75’ rear yard setback.  Should the homeowner wish to reconstruct the attached garage in the future, it would be possible for the garage to be reconstructed closer to N Webster Street and comply with all R1B setbacks, including the 25.75’ rear yard setback.  If approved, the requested rear yard setback variance would only be applicable to the existing structure; if demolished and reconstructed at a future date, all standard R1B setbacks would be applicable unless a new variance is requested and approved.

 

Shifting the rear property line of Lot 1 further to west in order for the existing home to comply with the rear yard setback would result in Lot 2 not complying with the R1B and 90% Rule minimum lot size.  The proposed location of the rear property line ensures both Lot 1 and Lot 2 meet the minimum lot size requirements.  In addition, Lot 1 as proposed will have a buildable area of approximately 3,000 square feet when calculated using all R1B setbacks (not including the requested rear yard setback variance), therefore staff finds there is adequate space on Lot 1 for a new home to be constructed in compliance with all R1B setbacks should the existing home on Lot 1 be torn down for redevelopment in the future.  Staff finds the rear yard setback variance for Lot 1 will not have a detrimental impact on the neighborhood.  The petitioner’s responses to the Standards for Granting a Variance are included in the Development Petition.  Staff is in general agreement with the petitioner’s Findings and recommends adoption by the Planning and Zoning Commission.

 

Front Yard Setback Variance for Lot 2

The petitioner proposes to construct a new single-family home on Lot 2, and requests a variance to reduce the front yard setback.  Per Municipal Code Section 6-6B-7 (R1B: yard Requirements) <https://www.municode.com/library/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH6REDI_ARTBR1MEDESIMIREDI_6-6B-7YARE> the minimum front yard setback is 30’.  The petitioner requests a variance to allow the new home on Lot 2 to be constructed with a front yard setback of 20’.  The requested 20’ front yard setback is consistent with the setbacks of the neighboring structures which range from approximately 15’ to 20’.  Requiring the new home to comply with the required 30’ front yard setback would be inconsistent with the existing setbacks on the block.  Staff finds the proposed front yard setback variance for Lot 2 will help to ensure a consistent setback along 6th Avenue and will be in keeping with the character of the neighborhood.  The petitioner’s responses to the Standards for Granting a Variance are included in the Development Petition.  Staff is in general agreement with the petitioner’s Findings and recommends adoption by the Planning and Zoning Commission.

 

Key Takeaways

§                     The petitioner requests approval of a preliminary/final plat of subdivision to create a new buildable lot, a variance to reduce the rear yard setback, and a variance to reduce the front yard setback.

§                     Staff supports the proposed subdivision and setback variances.

 

Planning & Zoning Commission Action

The Planning and Zoning Commission considered this matter at their meeting on May 3, 2017.  Following brief discussion, the Planning and Zoning Commission moved to adopt the findings of fact as presented by the petitioner and approve PZC 16-1-173 (approved 7-0).  Staff concurs with the Planning and Zoning Commission's recommendation.

 

FISCAL IMPACT:

N/A