CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Option 1: Concur with staff and uphold the Zoning Administrator's interpretation of the setback variance granted through ordinance 21-111; or Option 2: Concur with the PZC and petitioner and overturn the Zoning Administrator's interpretation of the setback variance granted through ordinance 21-111
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Adam Beaver, Assistant Planner
ENTITLEMENTS REQUESTED:
The petitioner is requesting an appeal of 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:
On December 21, 2022 the Planning and Zoning Commission (PZC) considered the petitioner's appeal to the Zoning Administrator's finding in regard to the setback variance granted to ordinance 21-111 and voted to overturn the Zoning Administrator's interpretation (approved 7-0).
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 submitted in November 2022 included a porch that was approximately 16 feet wider than what was shown on the site plan approved...
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