File #: 24-0934    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 8/7/2024 In control: Planning and Zoning Commission
On agenda: 8/21/2024 Final action: 8/21/2024
Title: Conduct the public hearing to consider a variance from Section 6-9-2:12.1 to allow a new driveway design to be constructed at the property located at 557 W Gartner Rd - PZC 24-1-083
Attachments: 1. Zoning Variance Form, 2. Response to Standards - Exhibt B, 3. Legal Description, 4. Plat of Survey, 5. Plat of Survey with Improvements, 6. Aerial Map and Street View Examples of Desired Driveway Design, 7. Nearby Neighbors Who Currently Have Desired Driveway Design, 8. Public Comment August 5, 2024, 9. Public Comment August 7, 2024
Related files: 24-0934B

PLANNING AND ZONING COMMISSION AGENDA ITEM

 

ACTION REQUESTED:
title

Conduct the public hearing to consider a variance from Section 6-9-2:12.1 to allow a new driveway design to be constructed at the property located at 557 W Gartner Rd - PZC 24-1-083

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Brad Iwicki, Assistant Planner

 

ENTITLEMENTS REQUESTED:

A variance to Section 6-9-2:12.1 (Residential Driveway Design) has been requested to permit expansion of the existing driveway into the front and corner side yard that exceeds the width of the garage opening and does not taper in accordance with Municipal Code requirements.

 

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 24-1-083 was published in the Naperville Sun on Sunday August 4, 2024.

 

BACKGROUND:

The subject property is zoned R1A (Low Density Single-Family Residence District) and is a corner lot east of the intersection of W Gartner Rd. and Holly Ct. The approximate .25-acre property is improved with a single-family residence. The owner and petitioner, John Krummen, requests approval of a variance to allow for the expansion of a driveway in the front and corner side yard without tapering or leading to a parking space that meets the front or corner side yard setback. 

 

DISCUSSION:

Section 6-9-2:12.1 of the Municipal Codes states that in the required front or corner side yard, driveways shall be permitted to gradually widen as a means of direct access to a parking space meeting the front and corner side yard requirements, provided that the driveway does not exceed the width of the garage opening.  The petitioner seeks approval of a variance to this section, to allow a driveway width that exceeds the width of their one-car garage without tapering or leading to a parking space that meets the front or corner side yard setback as depicted in the site plan attached. The proposed driveway will be approximately 17ft wide extending from the garage to the street in length. The proposed driveway will be approximately 7ft wider than the 10 ft. wide garage.

 

Additionally, within a required front and corner side yard, a permitted driveway shall only be widened as a means of direct access to a parking space that meets the front and corner side yard setback requirements. This extra width would normally be required to taper 15ft from the front yard setback, as depicted in the visual attached from the Driveway Guide. Under Section 6-9-2:12, driveways are permitted to widen to allow for a 9ft by 18ft auxiliary space that meets the required front or corner side yard setbacks, but must taper after 15ft measured from the front or corner side yard setback.

 

The residence was built in 1962 and is currently a nonconforming structure because it is located approximately 16.5 feet from the corner side property line, which does not meet the 30-foot required corner side yard setback in the R1A District. The location of the home makes it difficult for the driveway expansion to meet the tapering requirement because the location where the tapering must begin is directly related to the corner side yard setback. The petitioner would like to use the widened space to park vehicles, but without the variance the driveway could not be widened. Through the variance, the petitioner would be permitted to have the driveway extended wider than the garage for the entirety of the driveway, and have the ability to park a car in this space.

 

The applicant has requested the variance because if the tapering requirements were met, the driveway would not be wide enough for vehicle access due to the location of the home relative to the 30-foot corner yard setback that is used to measure where the tapering must begin. Staff finds the location of the existing home and the one car garage width to be limiting factors. Many homes in Naperville have two car garages which allow for a driveway to match the garage width without tapering.

 

A fire hydrant is located in the City-owned right-of-way in the general vicinity of the proposed driveway. Staff from the Naperville Fire Department do not have concerns with the proposed design as the hydrant will be accessible by Fire Department services.

 

Findings of Fact

The petitioner’s responses to the Standards for Granting a Variance are included in the Development Petition. Staff is in general agreement with the petitioner’s Findings and recommends adoption by the Planning and Zoning Commission.  

 

Key Takeaways

§                     The petitioner requests a variance to permit a driveway expansion without tapering.

§                     Staff supports the requested variance, finding that the driveway is limited due to the nonconforming location of the home. Staff recommends approval of the variance request.