Legislation Details

File #: 26-0629    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 5/14/2026 In control: Planning and Zoning Commission
On agenda: 5/20/2026 Final action:
Title: Conduct the public hearing to consider a variance to allow a deck to encroach into the rear yard setback at 501 Larkspur Court - DEV-0017-2026
Attachments: 1. Zoning Variance Form, 2. Disclosure of Beneficiaries, 3. Legal Description, 4. Response to Standards, 5. Plat of Survey, 6. Site Plan, 7. Deck Construction Specifications
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PLANNING AND ZONING COMMISSION AGENDA ITEM

 

ACTION REQUESTED:
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Conduct the public hearing to consider a variance to allow a deck to encroach into the rear yard setback at 501 Larkspur Court - DEV-0017-2026

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Therese Egner, Community Planner

 

ENTITLEMENTS REQUESTED:

Approval of a variance to Section 6-2-3:3.2 (Yard Requirements: Permitted Obstructions) to allow for construction of a deck which encroaches into the required rear yard setback.

 

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for DEV-0017-2026 was published in the Naperville Sun on May 3, 2026.

 

BACKGROUND:

The subject property is zoned R1A (Low Density Single-Family Residence District) and is located at 501 Larkspur Court. The Petitioner and property owners are Vincent and Lisa Pappalardo, 501 Larkspur Court, Naperville, IL 60563. The subject property is approximately 13,017 square feet in size and is improved with a single-family residence and existing deck. The property is a corner lot, located on the northeast side of Braemar Avenue and Larkspur Court.

 

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 has a rear yard setback of 25 percent of the lot depth which need not exceed 30 feet. Based on this provision, the subject property has a 28.65-foot required rear yard setback. The Code provides an allowance for patios, decks, and porches to extend up to 10 feet into the required rear yard setback. This results in an 18.65-foot permitted setback from the rear property line for attached decks at the subject property. 

 

An attached deck currently exists on the subject property in the rear of the home located in the same footprint as the proposed deck. The existing deck is currently setback 16 feet 4 inches from the rear property line and is considered existing non-conforming as it currently does not comply with the 10-foot allowance into the required rear yard. The Petitioners and property owners, Vincent and Lisa Pappalardo, are proposing to remove the existing deck and replace it with a composite deck, triggering the need for a variance.

 

The Petitioners and property owners are requesting approval of a variance from Section 6-2-3:3.2 of the Naperville Municipal Code to allow the proposed deck to encroach 12 feet 4 inches into the 28.65-foot required rear yard setback, 2 feet 4 inches further than permitted. If approved, the deck will be replaced to remain in its existing location on the subject property.

 

Staff is in support of the variance request due to the unique lot configuration 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 will not exceed its existing footprint.

 

Key Takeaways

§                     Municipal Code Section 6-2-3:3.2 permits decks to encroach 10-foot into the rear yard setback, resulting in a permitted 18.65-foot setback.

§                     The owner requests to construct a deck which is 16-foot 4-inches from the rear property line. Staff is in support of the variance request and recommends approval of the request.

 

Findings of Fact

The petitioner’s responses to the Standards for Variances can be found in the attachments. Staff concurs with the petitioner’s findings and recommends their approval by the Planning and Zoning Commission.