File #: 24-1355    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 11/14/2024 In control: Planning and Zoning Commission
On agenda: 11/20/2024 Final action: 11/20/2024
Title: Conduct the public hearing to consider a variance to allow a detached accessory structure to exceed permissible height allowances at 516 Spring Ave. - PZC 24-1-110
Attachments: 1. Zoning Variance Form, 2. Legal Description, 3. Response to Standards, 4. Plat of Survey with Improvements, 5. Architectural Drawings, 6. Neighboring Garages Exhibit, 7. Plat of Easement
Related files: 24-1355B

PLANNING AND ZONING COMMISSION AGENDA ITEM

 

ACTION REQUESTED:
title

Conduct the public hearing to consider a variance to allow a detached accessory structure to exceed permissible height allowances at 516 Spring Ave. - PZC 24-1-110

body

 

DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Brad Iwicki, Assistant Planner

 

ENTITLEMENTS REQUESTED:

A petition for approval of a variance to Section 6-2-10:3 (Accessory Buildings, Structures and Uses of Land) to permit a detached garage to exceed the 18-foot height limitation for detached accessory structures

 

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 24-1-110 was published in the Naperville Sun on Sunday, November 3, 2024.

 

BACKGROUND:

The property is located on the south side of Spring Avenue between West St. and Ewing St. and is zoned R2 (Single-Family and Low Density Multiple-Family Residence District). The property is approximately 8,714 square feet and is improved with a single-family residence constructed in 1906, a shed and detached garage. 

 

DISCUSSION:

The Petitioners and Property Owners, Paul and Claire Merryweather, have submitted a petition for approval of a variance to construct a detached garage. The Petitioner intends to demolish the existing 257 square foot detached garage located at the rear of the property and construct a new 926 square foot garage with vehicle access from the Douglas Avenue alley. The existing detached garage is dilapidated, potentially unsafe to utilize for the intended purpose, and outdated in terms of size and design compared to modern standards.

 

The new detached garage provides four enclosed parking spaces, featuring an indoor car lift for storage of vehicles, and an attic for additional storage space. The siding, trim and roof are proposed to match the materials of the principal structure. The Petitioners reference the narrow lot width and close proximity to the Ozinga concrete plant as unique hardships.

 

The proposed construction conflicts with the Zoning Code and requires approval of a variance to Section 6-2-10:3 which restricts the height of detached accessory structures to a maximum of 18 feet. The architectural plans show the proposed detached garage is 22 feet 10 inches tall, exceeding the limit by 4 feet 10 inches. The interior layout of the garage features an open ceiling from floor to roof on one half of the garage and a 2nd story attic on the remaining half of the garage. The additional height of the detached garage would allow a car lift to function within the garage and additional storage space.

 

The Petitioner provided an exhibit showing similar detached garage designs in the immediate surrounding area. There are several garages near the subject property that are noted to exceed the 18-foot height limitation, so the petitioner’s proposal is consistent with garages in the same general vicinity.

 

Other Department Comments

The City’s electric utility requested that the easements on the subject property be brought up to current standards to include a 10-foot PU&DE along the south property line (rear). The proposed driveway improvement will require an easement encroachment agreement. The Petitioner has initiated the easement encroachment agreement process with City staff.

 

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 south property line (rear) 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 south (rear) property line.

 

Conclusion

Staff is in support of the variance request and finds that the proposed detached garage is appropriate since the property is adjacent to the Douglas Ave. alley, the detached garage will be constructed at the rear of the yard and accessed from the alley, and the improvement results in minimal impact to surrounding properties from a street level perspective. The existing garage is a blight to the surrounding properties and in need of removal or replacement.

 

Findings of Fact

The Petitioner’s responses to the Standards for Granting a Variance can be found in the attachments.  Staff concurs with the Petitioner’s responses for the reasons noted above and recommends their approval by the Planning and Zoning Commission.

 

Key Takeaways

                     The subject property is improved with a single-family home, a shed and detached garage. The owner intends to demolish the existing 257 square foot detached garage located at the rear of the property and construct a new 926 square foot garage.

                     A variance is being requested to exceed the accessory structure height limitation of 18 feet and permit a garage that measures 22 feet 10 inches in height