CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to Section 6-2-12:1.7 to allow a fence to exceed the height limit on the properties located at 2909-3017 Saganashkee Ln - DEV-0015-2025
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered DEV-0015-2025 on April 16, 2025, and recommended approval of the request (vote 6-0). Staff concurs.
BACKGROUND:
The subject properties, 2909-3017 Saganashkee Ln. (Lots 966-977 of Tall Grass of Naperville Unit 8), are located on the east side of IL Route 59, north of Rollingridge Rd. and zoned R3A (Medium Density Multiple-Family Residence District). The subject properties are common areas in Tall Grass of Naperville Unit 8 established by subdivision plat in 2002 and improved with four single-family attached townhomes on each lot. The common areas are owned, insured, and maintained by the Tallgrass Homeowner’s Association. Upon establishment of the subdivision, a 10’ subdivision fence was installed along the east subdivision boundary adjacent to IL Route 59.
The existing subdivision fence is a 10’ privacy fence installed prior to the issuance of a fence permit. Northwest Fence, Inc., applied for a fence permit on behalf of the Tallgrass Homeowner’s Association in the first week of December 2024, which was subsequently rejected by the Plan Review team shortly after as the proposed 10’ fence exceeded the 9’ height limit. Following rejection of the permit, Nicole Abdallah, representing the Tallgrass Homeowner’s Association, reached out to staff in the Transportation, Engineering and Development (TED) Business Group regarding the variance process in order to request relief from the Municipal Code to allow a 10’ fence.
Planning staff was then notified by a member of the Code Enforcement team that a new 10’ fence was installed on the property without approval. As such, a $500 Work Without a Permit fee was applied to the permit and the customer was notified. Nicole Abdullah informed City staff that the HOA did not authorize the fence to be installed by the contractor and would apply for a variance to request approval of the fence height after-the-fact. The initial submittal of the application was received on January 22, 2025 and determined to be complete and final on March 3, 2025.
DISCUSSION:
The subject properties are located adjacent to IL Route 59, a major arterial right-of-way. Per Section 6-2-12:1.7 (Fences) subdivision perimeter fencing shall be permitted provided that the fence does not exceed 9’ in height along major arterial rights-of-way.
As the existing fence exceeds 9’, the HOA was provided with the option to reduce the fence height or apply for a variance to request relief from the fence height limit. A Petition for Variance was submitted requesting approval of a 10’ cedar traditional privacy fence along approximately 1,300’ of the subdivision perimeter. Regarding the fence design, it is uniform in design and color and does not feature gates. Gates are not required in the fence design because the HOA and property owner are not responsible for maintenance of the parkway as the Illinois Department of Transportation maintains parkways along state routes.
The petitioner states the additional height will provide a visual and sound barrier for nearby townhome residents as noise and headlights from vehicle traffic are consistently present. The petitioner references the safety and general welfare of the Tall Grass Unit 8 residents as the proximity to IL Route 59, with high levels of traffic, increases safety risks.
Staff agrees with the petitioner and does not have concerns about the proposed variance. The request was reviewed by the Department of Public Utilities - Electric and Engineering and no comments or concerns were mentioned. Furthermore, a 10’ fence has been at this location throughout the existence of the subdivision so approval of the variance would not alter the character of the neighborhood.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Zoning Variance are attached. The PZC and staff agree with the petitioner’s Findings for the variance and recommend their adoption by City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission considered this matter at their meeting on April 16, 2025. One member of the public spoke in support of the request. Commissioner Wright shared support for the request and reminded members of the public to ensure that they receive all the required permit approvals prior to installing fences. The PZC closed the public hearing and voted to recommend approval of the petitioner’s request (vote 6-0).
FISCAL IMPACT:
N/A