PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance to allow a garage addition and an accessory structure to encroach into the corner side yard setback at 730 E Benton Avenue - PZC 23-1-095
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
ENTITLEMENTS REQUESTED:
1. Variance to Section 6-6C-7:1 to allow the proposed garage addition to encroach into the required corner side yard setback;
2. Variance to Section 6-2-10:2 to allow the proposed breeze block wall to encroach into the side yard setback.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 23-1-095 was published in the Naperville Sun on November 19, 2023.
BACKGROUND:
The subject property is generally located on the south side of Benton Avenue between Columbia Street and Julian Street and is zoned R2 (Single-Family and Low Density Multiple-Family Residence). The property is approximately 0.19 acres and is improved with a single-family structure. Currently an electrical utility switch disrupts the line of sight when the homeowner exits their driveway.
The proposed scope of work for this project includes reorientation of the driveway and driveway access from E Benton Avenue to the Columbia Street alley for improved visibility when accessing the garage, a proposed garage addition to provide 3 enclosed parking spaces, and a patio with a breeze block wall as depicted on the site plan included in the attachments. The proposed improvements require approval of a variance to allow the garage addition and accessory structure to encroach into the required corner side yard setback.
DISCUSSION:
The owner and petitioner, Tom Flynn, is seeking to construct a garage addition measuring approximately 12’ by 26.5’ (305 sq.ft. in size), and a breeze block wall accessory structure as shown on the attached plans. The petitioner is requesting approval of a variance from Section 6-6C-7:1 (R2/Yard Requirements) of the Naperville Municipal Code to allow the proposed garage addition to encroach approximately 2.5’ into the 15’ required corner side yard setback. If the plans are approved, approximately 63 square feet of the proposed garage addition would be located in the required corner side yard in addition to the breeze block wall.
The proposed garage addition would be constructed to extrude from the north façade of the garage and abut the proposed brick paver patio. The brick paver patio encroaches 5’ into the corner side yard and is compliant with the Code since a patio may extend 5’ into the required corner side yard setback. Additionally, the petitioner is requesting approval of a variance from Section 6-2-10:2 of the Code to construct a breeze block wall to encroach approximately 6.32’ into the required 15’ corner side yard setback. The proposed breeze block wall is 14’ in length and 5’ 9” tall and be constructed of 7.5” x 7.5” decorative cement blocks on 42” trench footing (see attachment “wall material”). The wall is intended to screen the patio for privacy.
While the proposed patio is permitted to encroach into the required corner side yard setback per the Zoning Code, the garage addition and breeze block wall are required to comply with the required corner side yard setback in the underlying R2 zoning district. The R2 setback requirements are intended to prevent structures from being built in close proximity to the public right-of-way. The petitioner identifies that their proposed improvements respect the character of the existing neighborhood, improve sidewalk connections and provide safer alley access. Engineering does not have concerns with the proposed design, therefore staff finds the requested variances to be appropriate.
The City’s electric utility requested that the easements on the subject property be brought up to current standards to include a 10-foot easement along the west property line (rear) and a 5-foot easement along the south property line (interior side). The driveway improvement will require an easement encroachment agreement.
As such, staff recommends the following as a condition of approval for the requested variance (please note that this language is not final):
• A 10-foot public utility and drainage easement shall be platted along the west property line (rear), and a 5-foot easement shall be platted along the south property line prior to any improvements being constructed. In addition, an easement encroachment agreement is required in order to improve the property with the proposed driveway as it will cross the 10-foot public utility and drainage easement along the west (rear) property line.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. Upon review, staff agrees with the petitioner’s Findings and recommends their adoption by the Planning and Zoning Commission.
Key Takeaways
§ The petitioner requests a variance to construct a garage addition to encroach approximately 2.5’ into the 15’ required corner side yard setback.
§ The petitioner requests a variance to construct a breeze block wall to encroach approximately 6.32’ into the required 15’ corner side yard setback