PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance from Section 6-2-12:1 to permit a six foot tall privacy-style fence within the required corner side yard at the subject property located at 2714 Gateshead Drive - PZC 21-1-075
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Ashley Green, Community Planner
ENTITLEMENTS REQUESTED:
A variance to Section 6-2-12:1 (Fences: Residence Districts) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH2GEZOPR_6-2-12FE> has been requested to:
• Permit a six foot (6-0’) tall privacy-style fence within the required corner side yard at 2714 Gateshead Drive.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC #21-1-075 was published in the Daily Herald on July 19, 2021.
BACKGROUND:
The subject property is zoned R2 PUD (Single-Family and Low Density Multiple-Family Residence District Planned Unit Development) and is located on the northeast corner of Gateshead Drive and Windemere Avenue. The 5,490-square foot property is currently improved with a single-family residence, a deck, and a 4’ fence. The Petitioners and Property Owners, Jonathan A. Segura and Jessica J. Diaz, request approval of a variance in order to replace the existing 4’ tall fence with a 6’ tall privacy-style fence in the same location, which is within the 15’ required corner side yard (plat showing the location of the proposed fence is included in the attachments).
DISCUSSION:
The subject property has a 15’ required corner side yard. The variance request is to replace the existing 4’ fence that encroaches 8’ into the required corner side yard with a 6’ tall privacy-style fence in the same location. The purpose for replacing the existing fence with a taller fence is to prevent the Property Owners’ dogs from jumping over the fence.
Per Section 6-2-12:1 (General Zoning Provisions: Fences), an open fence not exceeding four (4) feet in height may be constructed within the required corner side yard. An open fence is defined in Section 6-1-6 (Zoning Title, Purpose, Definitions: Definitions) as a fence which has at least 30% of the surface area in open spaces which afford direct views through the fence. Due to the proposed location of the fence in the 15’ required corner side yard, the solid style of the fence, and the 6’ height, a variance is required.
As noted above, only 4’ tall open (picket style) fences are permitted in the required corner side yard. The corner side yard fence regulations are intended to preserve sight lines and the open nature of the corner side yard. City staff has reviewed the proposal of an 8’ encroachment into the corner side yard and found it will not impede sight lines.
The Petitioners’ responses to the Standards for Granting a Variance are included in the Development Petition. Staff is in general agreement with the Petitioners’ Findings and recommends adoption by the Planning and Zoning Commission.
Key Takeaways
The Petitioners requests a variance to permit a 6’ tall, privacy-style fence that encroaches 8’ into the required corner side yard. Staff reviewed the fence location and recommends approval of the variance request.