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File #: 18-528B    Version: 1
Type: Ordinance Status: Passed
File created: 6/22/2018 In control: City Council
On agenda: 7/17/2018 Final action: 7/17/2018
Title: 1. Concur with PZC and the Petitioner and pass the ordinance approving a variance from Section 6-2-10:2 of the Naperville Municipal Code to allow an existing pergola to remain in the required corner side yard; or 2. Concur with staff and deny the request for a variance from Section 6-2-10:2 of the Naperville Municipal Code to allow an existing pergola to remain in the required corner side yard - PZC 18-1-023
Attachments: 1. Ordinance, 2. Exhibit A- Legal Description, 3. Exhibit B- Plat of Survey, 4. Exhibit C- Standards, 5. Application, 6. Depiction of Existing Pergola, 7. Letter to Commissioners, 8. Location Map, 9. Public Comment, 10. 6.20.18 PZC Minutes DRAFT
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
1. Concur with PZC and the Petitioner and pass the ordinance approving a variance from Section 6-2-10:2 of the Naperville Municipal Code to allow an existing pergola to remain in the required corner side yard; or
2. Concur with staff and deny the request for a variance from Section 6-2-10:2 of the Naperville Municipal Code to allow an existing pergola to remain in the required corner side yard - PZC 18-1-023
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Gabrielle Mattingly

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission consider this matter June 20, 2018 and voted to recommend approval of the request (approved 5-3). Staff is not in support of the request.

BACKGROUND:
The subject property is zoned R1A (Low Density Single-Family Residence District) and is located within the Saddle Creek Unit 2 Subdivision. The 0.25 acre property is currently improved with a single-family residence. The property is bound by Spikehorn Ave to the north and Thatcher Drive to the east. Spikehorn Avenue is the front property line and Thatcher Drive is the corner side property line.

The petitioner, Ginny Colburn, requests approval of a variance to allow an existing pergola to remain in the required 30' corner side yard. The existing pergola is 10' 10" by 12' 1" (approximately 131 square feet) and 10' tall. The pergola was constructed without a permit. Staff learned about the existence of the pergola through the homeowner who applied for a permit after the construction of the pergola. The homeowner has provided a detailed explanation which can be found in the attachments.

The pergola was built over an existing patio that was reviewed and approved through a permit applied for in 2008 (note: the permit also included the installation of a fence and inground pool at the subject property). While the patio also encroaches into the required corner side yard setback, city records show that the 200...

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