File #: 23-0556    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 4/28/2023 In control: Planning and Zoning Commission
On agenda: 5/3/2023 Final action: 5/3/2023
Title: Conduct the public hearing to consider variances to Section 6-6C-7:1 (Yard Requirements) for the property located at 715 Center Street - PZC 23-1-026
Attachments: 1. Petition, 2. Legal Description, 3. Site Plan, 4. Front Elevation, 5. Rear Elevation
Related files: 23-0556B
PLANNING AND ZONING COMMISSION AGENDA ITEM

ACTION REQUESTED:
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Conduct the public hearing to consider variances to Section 6-6C-7:1 (Yard Requirements) for the property located at 715 Center Street - PZC 23-1-026

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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Adam Beaver, AICP Candidate, Community Planner

ENTITLEMENTS REQUESTED:
A variance from Section 6-6C-7:1 (R2/ Yard Requirements) to utilize the pre-1989 interior side yard setbacks of 6 feet on each side.


BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 23-1-026 was published in the Naperville Sun on Sunday, April 16, 2023.

BACKGROUND:
The subject property is zoned R2 (Single-Family and Low Density Multiple-Family Residence District) and is located on Center Street between 7th and 8th Avenues. The approximately 7,500 square foot lot is currently unimproved. The owner and petitioner, Jay Nebor, requests approval of a variance to construct a single-family home utilizing the pre-1989 interior side setbacks.


DISCUSSION:
The property was consolidated with the lot to the north in 2016 through the This Is My Yard Subdivision (i.e., one larger lot). In 2021, the lot was subsequently re-subdivided to the original lot dimensions (i.e., resulting in two lots) through the This Is Not My Yard Subdivision. The consolidation and re-subdivision resulted in this lot needing to adhere to the post-1989 interior side yard setback requirements of 6 feet minimum on each side with a combined total of 16 feet between each interior side yard.

Prior to submitting a building permit application for their single family home, the petitioner was advised by a former City staff member that the interior side setbacks for the property were 6 feet on each side (pre-1989 setbacks) and the petitioner then had the home designed based off of that advice. When the petitioner submitted their building permit, it was noted by Staff during the review that due to the 2021 re-subdivisi...

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