PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Consider the Petitioner's appeal to the Zoning Administrator's finding in regards to the setback variance granted through Ordinance 21-111
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Adam Beaver, AICP Candidate
ENTITLEMENTS REQUESTED:
* The petitioner is requesting an appeal to the Zoning Administrator's interpretation in order to permit the construction of a porch that is larger than previously approved through Ordinance 21-111.
BOARD/COMMISSION REVIEW:
Per Code, official notice in the newspaper is not required.
BACKGROUND:
The subject property is located at 214 N. Laird Street, at the corner of Laird Street and Douglas Avenue. The property owners, Daniel and Jill Ignash, received variance approval through Ordinance 21-111 for a porch to encroach 6.75 feet into the corner side yard (1.75 feet more than what is permissible per Naperville Municipal Code Section 6-2-3:3.2 (Yard Requirements)). In November 2022, the property owners applied for building permits to construct a single-family home. The plans provided in the permit application do not match those that were approved via Ordinance 21-111.
DISCUSSION:
Ordinance 21-111 permitted a variance to Naperville Municipal Code Section 6-6B-7:1 (R1B: Yard Requirements) to allow a porch to encroach 6.75 feet into the required 15-foot corner side yard as depicted on a site plan attached to the Ordinance as Exhibit B.
The building permit that the petitioner submitted in November 2022 included a porch that was approximately 16 feet wider than what was shown on the site plan approved through Ordinance 21-111, resulting in a porch encroachment that is approximately 33% larger than what was originally anticipated. In response, staff rejected the building permit noting that the porch encroachment had to be reduced so that the proposed porch is consistent with the site plan attached to and referenced in Ordinance 21-11...
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