PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing for the property located at 7S731 Olesen Drive (Kerrigan Estates) - DEV-0173-2025
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Anna Franco, AICP, Community Planner
ENTITLEMENTS REQUESTED:
1. Annexation into the City of Naperville.
2. Rezoning to R1A (Low Density Single-Family Residence District) upon annexation.
3. Approval of a Preliminary/Final Plat of Subdivision.
4. Variance to Section 6-2-26:4 (Tear Down/Infill Regulations: Height Limitations) of the Municipal Code to permit a single-family home with a peak height of 43 feet.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for DEV-00173-2025 was published in the Naperville Sun on Sunday, February 1, 2026.
BACKGROUND:
The property is located on the east side of Olesen Drive between Norwood Court and Johnson Drive and has a common address of 7S731 Olesen Drive. The 1.87-acre property features a significant grade change of about 26 feet from the rear of the property down to the front of the property at Olesen Drive and is currently vacant due to the recent demolition of the existing single-family home.
The property is currently zoned R-3 in unincorporated DuPage County and is adjacent to unincorporated residential property to the north and south and incorporated residential property to the east (zoned R1A) and incorporated Hobson Grove Park (zoned R1A) across Olesen Drive to the west. The subject property is contiguous to the City of Naperville’s corporate limits and is therefore eligible for annexation.
DISCUSSION:
The petitioner, D.J.K. Custom Homes, Inc., with permission from the property owner, the Thomas F. Kerrigan Living Trust dated June 20, 2023 and the Margaret V. Kerrigan Living Trust dated June 20, 2023, requests annexation, rezoning to R1A upon annexation, approval of a preliminary/final plat of subdivision, and approval of a variance to the maximum peak building height in order to annex the property into the City, subdivide the property into two legal lots of record and construct a new single-family home on the larger, northernmost lot (Lot 2) of the new subdivision.
Rezoning
Upon annexation, the petitioner seeks to rezone the subject property to R1A (Low Density Single-Family Residence District). The subject property meets the R1A lot size and width requirements. Staff finds the proposed R1A zoning to be compatible with the existing zoning of surrounding properties and consistent with the Land Use Master Plan. The Petitioner’s standards for Granting a Map Amendment are included in the attachments. Upon review, staff agrees with the Petitioner’s findings and recommends their adoption by the Planning and Zoning Commission.
Annexation and Preliminary/Final Plat of Subdivision
In association with the rezoning request, the petitioner is also requesting approval of annexation and a preliminary/final plat of subdivision to incorporate the property into the City of Naperville and subdivide the property into two legal lots of record. The preliminary/final plat of subdivision complies with all technical zoning requirements. The petitioner’s annexation and subdivision requests are not reviewed by the Planning and Zoning Commission, but information on the requests is provided for reference. The annexation and preliminary/final plat of subdivision requests will be heard by the City Council at a subsequent meeting date.
Height Variance
The tear down infill regulations outlined in Section 6-2-26:4 (Tear Down/Infill Regulations: Height Limitations) of the Municipal Code state that the maximum height for infill single-family detached dwellings shall be 2½ stories, not to exceed 35’ with a maximum peak roof height of 40’. The proposed single-family home on Lot 2 of the subdivision is one story, with mean height of 34.29’ and a peak height of 42.38’, thereby requiring a variance to the maximum peak height.
The property is unique in that it has a substantial grade change of approximately 26 feet from the rear property line down to the front property line along Olesen Drive. Municipal Code Section 6-2-4 (Building Height and Bulk) requires building height to be measured from the average grade at the front setback line, which is at an elevation of 695’ for the subject property and well below the home’s average finished grade of 709.79’ due to the property’s grade change. This results in a peak building height of 42.38’ as opposed to a lower peak height of 27.58’ if height were measured from the average finished grade.
Due to the significant grade of the property and the location of where building height must be measured per the Municipal Code, Staff finds a hardship to exist on the property and is supportive of the proposed variance. The petitioner’s responses to the Standards for Granting a Zoning Variance are attached. Upon review, staff agrees with the petitioner’s findings and recommends their adoption by the Planning and Zoning Commission.
Key Takeaways
• The petitioner is requesting rezoning to R1A upon annexation and a variance to the maximum building height in order to annex the subject property into the City and construct a new single-family home on the northernmost lot of the new subdivision for the property located at 7S731 Olesen Drive. Staff is in support of the requests.
• The requests for annexation and the Preliminary/Final Plat of Subdivision are not reviewed by the Planning and Zoning Commission. These requests will be heard by the City Council at a subsequent meeting date.