PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance to Section 6-6B-7 (R1B: Yard Requirements) and a deviation to Section 7-1-13 (Platted Setbacks & Building Lines) to permit a new single-family home at 525 E. Hillside Road - PZC 22-1-124
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Erin Venard
ENTITLEMENTS REQUESTED:
1. A variance to reduce the R1B (Medium Density Single-Family Residence) District front yard setback requirement pursuant to Section 6-6B-7:1 (R1B District: Yard Requirements) from 30’ to 26.12’ for a portion of the new single-family home; and
2. A deviation from the platted setback requirement pursuant to Section 7-1-13. (Platted Setbacks and Building Lines) from 30’ to 26.12’ for a portion of the new single-family home.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 22-1-124 was published in the Naperville Sun on January 1, 2023.
BACKGROUND:
Located on the north side of Hillside Road, approximately 160’ east of Sleight Street, the subject property has a common address of 525 E. Hillside Road. It is approximately 11,025 square feet in size and is zoned R1B (Medium Density Single-Family Residence District). In 1954, the subject property was created as Lot 13 in Moser Highlands by Document No. 1954-728128 with a 30’ platted setback line along the front property line.
In the Fall of 2022, the City issued a permit (22-2695) to demolish the existing one-story brick & frame single-family residence. The City also issued a permit (22-2696) to construct a new single-family residence on subject property. Due to an error in the engineering process after permit approval, the foundation was installed in the wrong location. As such, a portion of the foundation is now encroaching into the front yard setback and the platted setback.
DISCUSSION:
The subject property is zoned R1B with a 30’ front yard setback pursuant to Section 6-6B-7:1 (R1B District: Yard Requirements) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH6REDI_ARTBR1MEDESIMIREDI_6-6B-7YARE>. The property is also bound by the 30’ platted front setback created by the plat of subdivision document. The petitioner, Civil & Environmental Consultants, Inc., is requesting a variance to reduce the R1B front yard setback from 30’ to 26.12’ and a deviation to encroach into the platted setback to 26.12’. The setback and deviation requests are required for the garage portion of the foundation but are not required for the front porch portion of the foundation. Per Code, a porch is permitted to encroach up to 5’ into both the front yard and platted setbacks. Therefore, this setback and deviation request is only applicable to the garage foundation encroachment which is approximately 47 square feet of the foundation.
The subject property is located at a curve in Hillside Road. The nature of the curve will lessen the impact of the proposed variance/deviation on surrounding neighbors. Additionally, the encroachment is limited to a very small portion of the foundation. The petitioner’s responses to the Standards for Granting a Variance and Standards for Granting a Deviation are attached. Staff concurs with the petitioner’s responses and recommends adoption by the Planning and Zoning Commission.
Key Takeaways
• The subject property is zoned R1B with a 30’ front yard setback and a 30’ platted setback.
• Due to an error, a portion of the foundation of a new home being constructed on the property encroaches into both the front yard setback and platted setback.
• Staff finds the variances will have minimal impact on surrounding neighbors.