File #: 23-0845B    Version: 1
Type: Ordinance Status: Passed
File created: 7/25/2023 In control: City Council
On agenda: 8/15/2023 Final action: 8/15/2023
Title: Option 1: Concur with the intent of the PZC to allow a continued temporary use of the chicken coop structures and associated home occupation for a period of time as determined by the City Council and subject to certain conditions, or Option 2: Concur with staff to deny PZC 23-1-033, finding that the chicken coop structures and associated home occupation are too intensive for a single-family residential property, and that the facilities and operations should comply with all applicable provisions of the Naperville Municipal Code
Attachments: 1. Ordinance, 2. EXHIBIT A - Legal, 3. EXHIBIT B - Plat, 4. EXHIBIT C - Application, 5. Response to standards, 6. Code Enforcement complaint images, 7. Email Correspondence, 8. Public Comment, 9. Portable Restroom Facility, 10. 7-19-23 DRAFT PZC Minutes
Related files: 23-0845, 23-0845C
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Option 1: Concur with the intent of the PZC to allow a continued temporary use of the chicken coop structures and associated home occupation for a period of time as determined by the City Council and subject to certain conditions, or

Option 2: Concur with staff to deny PZC 23-1-033, finding that the chicken coop structures and associated home occupation are too intensive for a single-family residential property, and that the facilities and operations should comply with all applicable provisions of the Naperville Municipal Code
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Adam Beaver, AICP Candidate, Community Planner

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) held the public hearing for PZC 23-1-033 on July 19, 2023. Following presentations by staff and the petitioner, five members of the public spoke in support of the petitioner's requested variance and one member of the public raised concerns. During deliberation, the PZC discussed the appropriateness of the existing operation in a residential neighborhood, as well as the potential relocation of Touch My Heart's operations to an alternative location. The PZC also discussed approving the variances subject to conditions and an expiration date. At the conclusion of the public hearing, the PZC made a motion to approve PZC 23-1-033 subject to the condition that the chicken coop structures be returned to their size as of April 21, 2023, that the approvals have an 18-month sunset date, and that a 6' privacy fence be provided around all sides of the yard (approved, vote 7-2). Staff does not concur.

BACKGROUND:
The subject property is zoned R1A (Low Density Single-Family Residence District) and is located on the east side of Flambeau Drive near the intersection of Flambeau Drive and Peshtigo Avenue. The approximately 12,500 square foot lot is improved with a single-family residence and a non-conforming acc...

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