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File #: 25-0731    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 5/22/2025 In control: Planning and Zoning Commission
On agenda: 6/4/2025 Final action: 6/4/2025
Title: Conduct the public hearing to consider rezoning to R1B (Medium Density Single-Family Residence District) upon annexation and a platted setback deviation for the property located at 706 Parkside Road - DEV-0045-2025
Attachments: 1. Petition for Development Approval, 2. Disclosure of Beneficiaries, 3. Responses to Standards, 4. Legal Description, 5. Petition for Annexation, 6. Annexation Plat, 7. Pre-Final Subdivision Plat, 8. Final Engineering, 9. Public Comment

PLANNING AND ZONING COMMISSION AGENDA ITEM

 

ACTION REQUESTED:
title

Conduct the public hearing to consider rezoning to R1B (Medium Density Single-Family Residence District) upon annexation and a platted setback deviation for the property located at 706 Parkside Road - DEV-0045-2025

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Anna Franco, AICP, Community Planner

 

ENTITLEMENTS REQUESTED:

A petition seeking annexation and rezoning to R1B (Medium Density Single-Family Residence District) upon annexation and a platted setback deviation to the existing 40-foot platted building line for the property located at 706 Parkside Road.

 

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for DEV-0045-2025 was published in the Naperville Sun on Sunday, May 18, 2025.

 

BACKGROUND:

The property is located at the southeast corner of the intersection of Parkside Road and Columbia Street with a common address of 706 Parkside Road. The 18,200 square foot parcel is currently improved with a single-family home and is located in unincorporated DuPage County. The property is contiguous with incorporated property zoned R1B to the east, north, and west, and incorporated property zoned R1A to the south.

 

DISCUSSION:

The petitioners, Bartlomiej Kosinski and Karolina Kosinski as owners of NexGen Realty Solutions, Inc., the property owner, requests annexation and rezoning to the R1B (Medium Density Single-Family Residence District) in order to construct a new single-family home in the City of Naperville. The subject property is contiguous to the City of Naperville’s corporate limits and is therefore eligible for annexation. The petitioners have not yet submitted building plans but intend to demolish all existing structures at the subject property.

 

Annexation and Rezoning

Upon annexation, the petitioners seek to rezone the subject property to R1B. The subject property meets the R1B lot size and width requirements. Staff finds the proposed R1B zoning to be compatible with the existing zoning of surrounding properties and consistent with the Land Use Master Plan.

 

Findings of Fact

The petitioners’ responses to the standards for Granting a Map Amendment are included in the attachments. Upon review, staff agrees with the petitioners’ findings and recommends their adoption by the Planning and Zoning Commission. The property owner’s annexation request is not reviewed by the Planning and Zoning Commission, but information on the request is provided for reference. The annexation request will be heard by the City Council at a subsequent meeting date.

 

Platted Setback Deviation

The petitioners propose a platted setback deviation to allow a single-family home to be constructed within the 40-foot building line previously platted through Arthur T. Mcintosh, A.T. & Co’s Naperville Estates (recorded in DuPage County as Document R1927-136013). Section 7-1-13:2 of the Municipal Code allows City Council to grant a deviation from a platted building or setback line if the request is in harmony with the intent and character of the subdivision and complies with the required standards.

 

The 40-foot platted building line runs north to south near the center of the property and is significantly more restrictive than the R1B zoning district 15-foot corner yard setback identified in Section 6-6C-7 (Yard Requirements) of the Code. Although the petitioners have not yet provided plans for the location of a new single-family home on the property, the location of the 40-foot building line would essentially inhibit future single-family home construction on this property if adhered to. As the platted building line is more restrictive than the zoning setback and a future residence would comply with the underlying R1B zoning requirements, staff supports the requested deviation.

 

Findings of Fact

The petitioners’ responses to the Standards for Granting a Subdivision Deviation can be found in the attachments. Upon review, staff agrees with the petitioners’ findings. The platted setback deviation request is not reviewed by the Planning and Zoning Commission, but information on the request is provided for reference. The platted setback deviation request will be heard by the City Council at a subsequent meeting date.

 

Key Takeaways

                     The petitioners are requesting annexation and rezoning to R1B upon annexation and a platted setback deviation for the property located at 706 Parkside Road. Staff is in support of the requests.

                     The requests for annexation and the platted setback deviation are not reviewed by the Planning and Zoning Commission. These requests will be heard by the City Council at a subsequent meeting date.