CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
title
Pass the ordinance approving variances to Section 6-6C-7:1 (Yard Requirements) for the property located at 715 Center Street - PZC 23-1-026
body
DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Adam Beaver, AICP Candidate, Community Planner
ENTITLEMENTS REQUESTED:
A variance from Section 6-6C-7:1 (R2/Yard Requirements) to utilize the pre-1989 interior side yard setbacks of six feet on each side.
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered PZC 23-1-026 on May 3, 2023 and recommended approval of the request (approved 6-0). Staff concurs.
BACKGROUND:
The subject property is zoned R2 (Single-Family and Low Density Multiple-Family Residence District) and is located on Center Street between 7th and 8th Avenues. The approximately 7,500 square foot lot is currently unimproved. The owner and petitioner, Jay Nebor, requests approval of a variance to construct a single-family home utilizing the pre-1989 interior side setbacks.
DISCUSSION:
The property was consolidated with the lot to the north in 2016 through the Our Yard Resubdivision and was subsequently re-subdivided to the original lot dimensions in 2021 through the This Is Not My Yard Subdivision. The consolidation and re-subdivision resulted in this lot needing to adhere to the post-1989 interior side yard setback requirements of six feet minimum on each side with a combined total of 16 feet between each interior side yard.
Prior to submitting a building permit application for the single-family home, the petitioner was advised by a former City staff member that the interior side setbacks for the property were six feet on each side (pre-1989 setbacks) and the petitioner then had the home designed based off of that advice. When the petitioner submitted the building permit, current staff noted that due to the re-subdivision the post-1989 interior side setbacks were required, and a variance would therefore be required for the home to be approved as proposed.
The homes to the north and south of the subject property are both newer teardowns that utilize the pre-1989 setbacks of six feet on each side, and therefore the home proposed by the petitioner would not be located significantly closer to the property lines than the neighboring properties. Additionally, staff feels that the character of the neighborhood will be maintained with the petitioner’s request as many of the homes in the neighborhood are older and utilize the same pre-1989 six feet interior side yard setbacks that the petitioner is requesting and therefore supports the request.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. Upon review, staff is in general agreement with the variance findings and recommends adoption.
Planning and Zoning Commission Action
The PZC conducted the public hearing to consider PZC 23-1-026 on May 3, 2023. Commissioner Van Someren recused herself from the case. Chairman Losurdo asked the petitioner if the homes in the surrounding area have been built to the pre-1989 setbacks, the petitioner confirmed yes. Jeffery Havel, who is a neighboring property owner spoke in opposition to the request stating that he saw no hardship and recommended that the home be designed to be in compliance with the code requirements. After limited discussion, the PZC closed the public hearing and voted to recommend approval of the petitioner’s request (approved 6-0). Staff concurs with the recommendation.
Key Takeaways
• The petitioner requests variances from Naperville Municipal Code Section 6-6C-7:1 (R2 Yard Requirements) Staff supports the requested variance.
FISCAL IMPACT:
N/A