CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to Section 6-6B-7 and a deviation to Section 7-1-13 to permit a new single-family home at 525 E. Hillside Road - PZC 22-1-124
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Erin Venard, Community Planner
BOARD/COMMISSION REVIEW:
Per Section 7-1-13:2.4 (Platted Setbacks and Building Lines) of the Naperville Municipal Code, the petitioner posted a sign on the property on January 23, 2023. The Planning and Zoning Commission voted to recommend approval of PZC 22-1-124 (approved, 7-0). Staff concurs.
BACKGROUND:
Located on the north side of Hillside Road, approximately 160’ east of Sleight Street, the subject property has a common address of 525 E. Hillside Road. It is approximately 11,025 square feet in size and is zoned R1B (Medium Density Single-Family Residence District). In 1954, the subject property was created as Lot 13 in Moser Highlands by Document No. 1954-728128 with a 30’ platted setback line along the front property line.
In the Fall of 2022, the City issued a permit (22-2695) to demolish the existing one-story brick & frame single-family residence. The City also issued a permit (22-2696) to construct a new single-family residence on the subject property. Due to an error in the engineering process after permit approval, the foundation was installed in the wrong location. As such, a portion of the foundation is now encroaching into the front yard setback and the platted setback.
DISCUSSION:
The subject property is zoned R1B with a 30’ front yard setback pursuant to Section 6-6B-7:1 (R1B District: Yard Requirements) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH6REDI_ARTBR1MEDESIMIREDI_6-6B-7YARE>. The property is also bound by the 30’ platted front setback created by the plat of subdivision document. The petitioner, Civil & Environmental Consultants, Inc., is requesting a variance to reduce the R1B front yard setback from 30’ to 26.12’ and a deviation to encroach into the platted setback to 26.12’. The setback and deviation requests are required for the garage portion of the foundation but are not required for the front porch portion of the foundation. Per Code, a porch is permitted to encroach up to 5’ into both the front yard and platted setbacks. Therefore, this setback and deviation request is only applicable to the garage foundation encroachment which is approximately 47 square feet of the foundation.
The subject property is located at a curve in Hillside Road. The nature of the curve will lessen the impact of the proposed variance/deviation on surrounding neighbors. Additionally, the encroachment is limited to a very small portion of the foundation. The petitioner’s responses to the Standards for Granting a Variance and Standards for Granting a Deviation are attached. Staff concurs with the petitioner’s responses and recommends adoption by City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission opened the public hearing to consider PZC 22-1-124 on January 18, 2023. Caitlin Csuk, attorney with Rosanova & Whitaker, spoke on behalf of the petitioner. One neighboring resident spoke in opposition of the request. PZC discussed the origin of the error, methods of preventing this type of error in the future, and other methods to correct the error. The Planning and Zoning Commission closed the public hearing and voted to recommend approval of PZC 22-1-124 (approved, 7-0). Staff concurs.
Key Takeaways
• The subject property is zoned R1B with a 30’ front yard setback and a 30’ platted setback.
• Due to an error, a portion of the foundation of a new home being constructed on the property encroaches into both the front yard setback and platted setback.
• Staff finds the variances will have minimal impact on surrounding neighbors.
FISCAL IMPACT:
N/A