PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider variances to Section 10-4-6:3.3 (Fowl and Livestock), Section 6-2-10:1 (Accessory Buildings, Structures, and Uses of Land), and Section 6-2-8 (Home Occupation Regulations) for the property at 2300 Flambeau Drive- PZC 23-1-033
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Adam Beaver, AICP Candidate, Community Planner
ENTITLEMENTS REQUESTED:
1. Variances to Section 10-4-6:3 (Fowl and Livestock) to waive the screening requirement for coops and to increase the allowable number of fowl from eight to twenty.
2. A variance to Section 6-2-10:1 (Accessory Buildings, Structures, and Uses of Land) to reduce the required setback for an accessory structure from five feet to four feet six inches.
3. A variance to Section 6-2-8 (Home Occupation Regulations) to increase the permitted number of students from four to twelve.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 23-1-033 was published in the Naperville Sun on Sunday, July 2, 2023.
BACKGROUND:
The subject property is zoned R1A (Low Density Single Family Residence District) and is located on the East side of Flambeau Drive near the intersection of Flambeau Drive and Peshtigo Avenue. The approximately 12,500 square foot lot is improved with a single-family residence and a non-conforming accessory structure. The owners and petitioner, Richard and Wendy Montalbano, request approval of variances to maintain a chicken coop that does not meet the setback requirements, waive the required screening for coops, increase the permitted number of fowl from eight to twenty, and to operate a home occupation that includes instruction to more than four students at a time.
The petitioner constructed the coop structures without permits and was first contacted by City of Naperville Code Enforcement on 10/27/2021 after a complaint from a neighbor. The petitioner was instructed by Code Enforcement to apply for permits for the coop structures that were already constructed and those permit applications were rejected by Staff on 11/23/2021, 8/11/2022, and on 8/29/2022 after subsequent resubmittals that did not meet City of Naperville Municipal Code requirements. Citations were issued by Code Enforcement on 11/22/2022, and the petitioner’s case went court on 1/9/2023 and again on 5/3/2023, where they were instructed to pursue variance approval. The subject case was originally scheduled for the 6/21/2023 Planning and Zoning Commission meeting, however it was removed from the agenda due to the petitioner failing to provide the required legal notice; the petitioner has since provided Code required notice for the 7/19/23 PZC meeting.
During the week of July 3, 2023, City staff received an additional complaint indicating that the petitioner further expanded the chicken coop structures on the subject property without permits. Staff contacted the petitioner who confirmed that this expansion did occur (see attached correspondence). Staff has advised the petitioner that any further illegal expansions will result in additional citations/fines. In addition, staff advised the petitioner that, should the requested variances be granted to the property, those approvals will only apply to the structures included in the original variance application (and not an additional expanded areas as notice of these improvements was not provided).
DISCUSSION:
The petitioner is seeking approval of four variances in order to maintain the chicken coops on the subject property (note: as provided above, if approved, the variances requested would permit the chicken coops in existence as of 4/21/2023 and not the illegal expansion which occurred in July 2023). Overall, staff is not supportive of the variance requests finding that the resulting chicken coops and associated home occupation are too intensive for a single-family residential property, as further noted below.
Coop Screening Variance
Naperville Municipal Code Section 10-4-6:3 states that any pen, coop, or other structure used for the purpose of housing fowl that is not fully-enclosed shall be screened to a height of six (6) feet. The screening may be comprised of fences or walls six (6) feet in height or landscaping of at least 75% opacity and shall be located either along the perimeter of the lot where the structures are located or around the perimeter of the coop enclosures themselves. The petitioners are requesting a variance to waive all screening requirements and not provide screening for the coop structures. Staff is not in support of this request due to the scale of the existing/proposed structures and their location being closer to the property line than is permitted by code.
Number of Fowl Variance
Naperville Municipal Code Section 10-4-6:3.1 states that the maximum number of fowl permitted on any property is eight (8). The petitioners are requesting a variance to increase the permitted number of fowl to twenty (20) at the property. Staff is not supportive of this request as the number of fowl requested (more than double what the code allows for) paired with the additional variance requests creates a use that is too intensive for the property.
Coop Setback Variance
Naperville Municipal Code Section 6-2-10:1 states that accessory structures must be at least five (5) feet from the rear property line. The petitioners have constructed (and expanded) the coop structures so that they are four feet six inches from the rear property line. As the encroachment of the structures continues along the majority of the 100 foot property line, staff is not supportive of this request.
Home Occupation Regulations Variance
Naperville Municipal Code Section 6-2-8:3.3 states that the class size for home instruction of music, dance, home crafts and art must not exceed four (4) students at any time. The petitioner is seeking approval to increase the permitted number of students from four to twelve (12) students. Staff is not supportive of the requested variance finding that the overall use is too intense for a single-family residential property.
Staff Recommendation
Staff recommends that the Planning and Zoning Commission deny all variances as requested and recommends that any chicken coop located at the property be required to comply with all maximum size limitations, maximum number of fowl limitations, and screening requirements. Staff also recommends that the petitioner be required to submit all required permit documents to the City’s Building Department so the safety of the current structure (or revised structure if variances are denied) can be evaluated.
If the Planning and Zoning Commission wishes to approve the variances, staff asks that the PZC include a condition that requires the petitioner to return the chicken coops to the state that they were in on 4/21/2023. If the petitioner wishes to receive approval to maintain the chicken coops in their current state (post-July 2023 expansion), the PZC should continue the case so that an updated variance application can be submitted and new notice provided.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. Upon review, staff is not in agreement with the petitioner’s findings and recommends that the Planning and Zoning Commission deny all requests.
Key Takeaways
• The petitioner requests variances from Naperville Municipal Code Section 10-4-6:3 (Fowl and Livestock), a variance to Section 6-2-10:1 (Accessory Buildings, Structures, and Uses of Land), a variance to Section 6-2-8 (Home Occupation Regulations), to waive the screening requirements and maintain a fowl coop with twenty chickens that is located less than five feet from the property line and offer instruction to twelve students at the subject property. Staff does not support the requested variances.