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File #: 19-763B    Version: 1
Type: Ordinance Status: Passed
File created: 8/8/2019 In control: City Council
On agenda: 9/3/2019 Final action: 9/3/2019
Title: Pass the ordinance approving a major change to the University Heights Unit 2 PUD in order to grant deviations at the subject property located at 1740 Rutgers Ct., Naperville - PZC 19-1-069
Attachments: 1. 1740 N. Rutgers - Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Site Plan, 4. Exhibit C - Standards, 5. Application, 6. 8.7.19 PZC Minutes, 7. Location Map
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance approving a major change to the University Heights Unit 2 PUD in order to grant deviations at the subject property located at 1740 Rutgers Ct., Naperville - PZC 19-1-069
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Erin Venard

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on August 7, 2019 and made a motion to deny the request; this motion failed (2 in favor; 5 against. Accordingly, PZC 19-1-069 was recommended for approval by the PZC.

BACKGROUND:
The petitioner, Tiffany Jasionowski, requests approval of a major change to the University Heights Unit 2 PUD in order to permit a deviation to reduce the corner side yard setback for an existing above ground swimming pool.

Located at the southeast corner of Rutgers Court and Auburn Avenue, the subject property has a common address of 1740 N. Rutgers Court. The subject property is 9,555 square feet in size, is zoned R1B PUD (Medium Density Single-Family Residence District) is currently improved with a single-family residence. The property is a corner lot with Rutgers Court functioning as the front property line and Auburn Avenue as the corner side property line.

The subject property was recorded in 1979 as Lot 478 in University Heights Subdivision Unit 2 with a 20' platted building line along the front and corner side property lines. Ordinance #79-133 approved the planned unit development and reduced setbacks for the subdivision. One of the variances granted as part of the PUD is a minimum corner side yard setback of 10'.

DISCUSSION:
In March of 2019, the petitioner applied for a building permit to construct an above ground swimming pool. The permit application depicted the proposed pool sited in compliance with the 10' corner side yard setback and the 20' platted setback; the permit was approved. During the required permit inspection, staff discovered that the pool was...

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