CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance granting a deviation to the 33' platted rear-yard setback line for the property located at 815 South Julian - PZC 21-1-092
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Ashley Green, Community Planner
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
The Owner and Petitioner, Scott Mathieson, is proposing to deviate from the 33' platted rear-yard setback line to construct a pool, cabana, deck, patio, and other associated appurtenances at 815 South Julian Street. The property is currently zoned R1A (Low Density Single-Family Residence District) and was originally recorded as Lot 6 of the Arthur T. McIntosh and Company's Naperville Estates Subdivision in 1927 with a 33' platted rear-yard setback line. The property was annexed to the City of Naperville in 2020 and subdivided pursuant to the Plat of Subdivision for M. House Creek Estates. A single-family residence has been permitted and is currently under construction on the approximately 0.90-acre lot.
Staff supports the proposal given several adjacent properties who were originally subject to the 33' platted rear yard setback have since abrogated said setback.
DISCUSSION:
The Petitioner intends to build a pool, cabana, deck, and patio behind the primary structure at 815 S. Julian St. These improvements are all in compliance with the property's R1A zoning requirements and Section 6-2-10:1 of the Code, which regulates detached accessory structures. There is, however, a 33' rear-yard setback that was platted on the subject property through the original subdivision plat and was not abrogated during the subdivision process for M. House Creek Estates. Language on the 1927 subdivision plat states: "no building shall be erected on the...West Thirty-Three (33.0) feet of Lots ...6."
Per Section 7-1-13 (Platted Setback and Building Lines) of the Naperville Municipal Code, "where a platted building or setback line is in conflict ...
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