CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to allow an addition to the principal structure to encroach into the corner side yard setback at 632 N Brainard St. - DEV-0078-2025
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered DEV-0078-2025 on August 6, 2025, and voted to recommend approval (6-0). Staff concurs with the PZC’s recommendation.
BACKGROUND:
The subject property is generally located at the southeast corner of the N Brainard St. and 7th Avenue intersection and is zoned R2 (Single-Family and Low Density Multiple-Family Residence). The property is approximately 0.16 acres and is improved with a single-family residence and detached garage.
The lot and the principal structure are both non-conforming to the current Zoning Code. The lot, which was originally platted in 1873 in the Park Addition to Naperville Subdivision, is 43.5 feet wide where the minimum lot width in the R2 Zoning District is 50 feet per Section 6-6C-6 (R2: Lot Width Requirements). The principal structure, which was constructed in 1927, does not meet the current yard requirements outlined in Section 6-6C-7 (R2: Yard Requirements) based on a 3.8-foot interior side yard setback from the south property line (6’ required) and a 4.3-foot setback from the north corner side yard property line (15’ required).
The proposed scope of work for this project includes an addition to the rear of the principal structure which will be located within the required 15-foot corner side yard setback established for the R2 Zoning District.
DISCUSSION:
The petitioner, Tranquility Builders, Inc., is seeking a variance on behalf of the property owners, Rob and Mary Foster, to construct an addition to the principal structure measuring approximately 478 square feet and extending 24 feet 10 inches from the rear of the home, or 27 feet 4 inches including the projection of the fireplace. To accommodate the proposed addition, the petitioners will be removing the existing wood deck attached to the rear of the home. The site plan for the proposed addition shows the exterior walls on the north elevation to be set back 10 feet 4 inches from the north corner side yard property line, encroaching 4 feet 8 inches into the required 15-foot corner side yard setback per Section 6-6C-7:1 (R2: Yard Requirements) of the Municipal Code, requiring a variance. The proposed addition will have a corner side yard setback which is greater than the existing principal structure and will comply with the R2 required rear yard setback.
The R2 setback requirements are intended to prevent structures from being built near the public right-of-way. While 7th Avenue is platted right-of-way, thus triggering the corner side yard setback requirements, it functions more like an alley/share driveway between the subject property and 706 N Brainard St. In addition, the petitioner identifies that their proposed improvements respect the aesthetic of the existing neighborhood.
Staff does not have concerns with the proposed design as the corner side yard abuts the 7th Avenue Alley as opposed to a local road. Since this portion of 7th Avenue has limited traffic and functionality and the existing non-confirming nature of the home has not generated complaints from surrounding property owners, staff does not anticipate negative impacts to neighboring properties or users of the right-of-way and finds the requested variance to be appropriate.
The City’s Engineering Department does not have concerns with the variance request as proposed. Engineering noted that this portion of 7th Avenue is not improved to the City’s street standards and there are no plans improve the alley or extend the alley in any manner.
An administrative plat of subdivision has been submitted and approved, creating a legal lot of record of the property. The approved plat is in substantial conformance with the requirements listed in Section 7-2-1, "Subdivision Plat Requirements" of the Naperville Municipal Code.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. Upon review, the Planning and Zoning Commission and staff agree with the petitioner’s Findings and recommend their adoption by City Council
Planning and Zoning Commission
The Planning and Zoning Commission considered this matter at their meeting on August 6, 2025. There was no public testimony. Following limited discussion, the PZC closed the public hearing and recommended approval of the petitioner’s request (Approved 6-0). Staff concurs with the Planning and Zoning Commission recommendation.