CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to allow a deck to encroach into the rear yard setback at 2255 Lotus Ct. - PZC 24-1-113
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-113 on November 20, 2024 and recommended approval of the request (approved 7-0). Staff is in support of the variance request and recommends approval of the request.
BACKGROUND:
The property is located at the south end of Lotus Court in the Walnut Hill subdivision, which is generally located southwest of the intersection of Wehrli Road and 87th Street and is zoned R1A (Low Density Single-Family Residence District). The property is approximately 14,902 square feet and is improved with a single-family residence.
DISCUSSION:
The subject property is located in the R1A zoning district. Per Section 6-6A-7:1 of the Municipal Code, the R1A zoning district requires a 30-foot rear yard setback for this property. The Code, Section 6-2-3:3.2 provides an allowance for patios, decks, and porches to extend up to ten feet into the required rear yard setback. This results in a 20-foot permitted rear yard setback for an attached deck at the subject property.
The existing deck on the subject property is in the rear of the home and non-conforming with the Code since the deck is approximately 18 feet from the rear property line. The Petitioner, Renovation Creations, LLC, represented by Joel Kristianson, on behalf of the property owners, H Brent Pemberton and Indre Pemberton, is proposing to modify the existing deck, expanding the footprint and bringing the encroachment into the rear yard setback five feet beyond the ten-foot permitted allowance. The proposed deck design is irregularly shaped to avoid impacting mature trees on site. The variance request is to allow for the deck to encroach an additional three feet compared to what is in place now.
The Petitioner is requesting approval of a variance from Section 6-2-3:3.2 of the Naperville Municipal Code to allow the proposed deck to encroach 15 feet into the 30-foot required rear yard setback, five feet further than permitted. If approved, the deck would extend to the limits of the 15-foot public utility and drainage easement along the rear property line.
Staff is in support of the variance request and finds that the purpose of the yard requirements is to prevent the overcrowding of land and to preserve sight lines and the open nature of the rear yard. The proposed unroofed deck maintains an open rear yard and is out of view from neighboring properties due to the configuration of the homes in the Lotus Ct. and the heavy foliage and brush that exists throughout the area.
Findings of Fact
The Petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. The Planning and Zoning Commission and staff concur with the Petitioner’s responses for the reasons noted above and recommend their approval by City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted a public hearing to consider PZC 24-1-113 on November 20, 2024. There was no public testimony. The PZC closed the public hearing after no further discussions and voted to recommend approval of the Petitioner’s request.
Key Takeaways
§ The subject property is zoned R1A and has a rear yard setback of 30 feet. Code provision 6-2-3:3.2 permits decks to encroach 10 feet into the rear yard setback, resulting in a permitted 20-foot setback.
§ The proposed deck is 15 feet from the rear property line. The variance is to allow the deck to encroach five feet beyond what is permitted. Staff is in support of the variance request and recommends approval of the request.