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File #: 21-0528B    Version: 1
Type: Ordinance Status: Passed
File created: 4/22/2021 In control: City Council
On agenda: 5/4/2021 Final action: 5/4/2021
Title: Pass the ordinance approving a variance to allow a deck to encroach into the required rear yard setback at 1126 Starlite Court - PZC 21-1-030
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Plat w Drawing, 4. Exhibit C - Response to Standards, 5. Zoning Variance Application, 6. Disclosure of Beneficiaries, 7. Location Map, 8. PZC Meeting Minutes 4-21-21 DRAFT
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Pass the ordinance approving a variance to allow a deck to encroach into the required rear yard setback at 1126 Starlite Court - PZC 21-1-030
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Gabrielle Mattingly, Community Planner

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) conducted review of PZC 21-1-030 on April 21, 2021 and provided a positive recommendation on the request (approved 7,0). Staff concurs.

BACKGROUND:
The property is located on Lot 26 of Midam's addition to Brook Crossings Unit 5, generally located northwest of the intersection of Plainfield/Naperville Road and 95th Street, and is zoned R2 PUD (Single Family and Low Density Multiple Family Residence District - Planned Unit Development). The property is approximately 7,900 square foot and is improved with a single-family residence.

DISCUSSION:
The subject property is located in the R2 zoning district. Per Section 6-6C-7:1 of the Municipal Code, the R2 zoning district has a 25' required rear yard setback. The Code provides an allowance for patios, decks, and porches to extend up to 10' into the required rear yard setback. This results in a 15' permitted setback for attached decks at the subject property.

An attached deck currently exists on the subject property in the rear of the home. The petitioner, Jenna Hesseln, on behalf of the property owner, Ryan Mazzone, is proposing to remove the existing deck and replace it with a larger deck which will encroach into the rear yard setback (beyond the 10' permitted allowance). The proposed deck is 17' by 14' (approximately 217 square feet given the shape of the deck). The variance request is to allow for the deck to encroach an additional 4'.

Staff conducted a review of the subject property and noted that the home is setback farther than the minimum required front yard setback. The minimum required front yard setback is 25' and the home is locate...

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