File #: 24-1357    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 11/14/2024 In control: Planning and Zoning Commission
On agenda: 11/20/2024 Final action: 11/20/2024
Title: Conduct the public hearing to consider a variance to allow a deck to encroach into the rear yard setback at 2255 Lotus Ct - PZC 24-1-113
Attachments: 1. Zoning Variance Form, 2. Legal Description, 3. Response to Standards, 4. Existing Survey, 5. Deck Drawings, 6. Site Plan
Related files: 24-1357B
PLANNING AND ZONING COMMISSION AGENDA ITEM

ACTION REQUESTED:
title
Conduct the public hearing to consider 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

ENTITLEMENTS REQUESTED:
Approval of a variance to Section 6-2-3:3.2 (Yard Requirements) to allow for construction of a deck which encroaches into the required rear yard setback greater than 10 feet.

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 24-1-113 was published in the Naperville Sun on November 3, 2024.

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 10 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 5 feet beyond the 10-foot permitted allowance. The proposed deck design is irregularly shaped to avoid impa...

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