File #: 24-0797B    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 7/23/2024 In control: City Council
On agenda: 8/20/2024 Final action:
Title: Pass the ordinance approving a variance to Section 6-2-12:1.2 (Fences: Residence Districts) to permit a 5' tall open fence with accompanying 6'8" masonry columns located in the front yard at 1248 Oxford Lane - PZC 24-1-048
Attachments: 1. Ordinance, 2. Exhibit A. Legal Description, 3. Exhibit B. Site Plan, 4. Exhibit C. Fence Design, 5. Exhibit D. Standards for Variances, 6. Zoning Variance Petition, 7. PZC Meeting Minutes 7-17-24, 8. Public Comment PZC 24-1-048

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
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Pass the ordinance approving a variance to Section 6-2-12:1.2 (Fences: Residence Districts) to permit a 5’ tall open fence with accompanying 6’8” masonry columns located in the front yard at 1248 Oxford Lane - PZC 24-1-048

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Anna Franco, Community Planner

 

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-048 on July 17, 2024, and recommended approval of the request (approved 7-0). Staff concurs.

 

BACKGROUND:

The approximately 3.02-acre subject property is zoned E2, Medium Density Estate District and is currently improved with a large single-family residence and associated accessory structures. The front yard is located on the west side of the property facing Oxford Lane.

 

DISCUSSION:

The owners and petitioners, Daniel S. Wolf and Tammy L. Wolf, request approval to install a 5’ tall open fence with accompanying 6’8” masonry columns in the front yard of their property. Apart from four masonry columns located along the front of the property, most of the proposed fence is 5’ in height and runs along the west, north, and south property lines and connects to existing fencing that encloses the rear yard of the property.

 

Per Section 6-2-12:1.2 (Fences: Residence Districts), an open, or picket style, fence with a height of 4’ or less is permitted at the front yard lot line. The proposed fence will be one foot taller than the maximum allowed in front yards with four masonry columns 2’8” taller than the maximum allowed. Staff finds the limited number of masonry columns to be decorative in nature and finds that the fence, together with the masonry columns, comply with the definition of an open fence as defined in Section 6-1-6 (Definitions), which states that at least 30% of the surface area in open spaces afford direct views through the fence.

 

Staff is supportive of the requested variance and finds that the open nature of the fence meets the intent of fencing in the front yard by preserving sight lines and maintaining visibility of the front yard of the property. Further, staff finds that the fence is complimentary to existing fencing associated with larger estate lots in the vicinity of the subject property, particularly existing fencing along Oxford Lane. The petitioners’ responses to the Standards for Granting a Variance can be found in the attachments. Upon review, staff is in general agreement with the petitioners’ findings and recommends adoption by the Planning and Zoning Commission.  

 

Planning and Zoning Commission Action

The Planning and Zoning Commission conducted the public hearing to consider PZC 24-1-048 on July 17, 2024. No public comments were voiced during the public hearing and there was no commission discussion. The Planning and Zoning Commission closed the public hearing and voted to recommend approval of the petitioners’ request as presented (approved 7-0). Staff concurs with the Planning and Zoning Commission’s recommendation.

 

Key Takeaways

§                     The petitioners request approval of a variance from Section 6-2-12:1.2 (Fences: Residence Districts) of the Naperville Municipal Code to permit a 5’ tall open fence with accompanying 6’8” masonry columns to exceed a maximum of 4’ in height.

§                     Staff and the Planning and Zoning Commission support the requested variance due to the consistency of the proposed fencing with existing fencing in the vicinity of the subject property.

 

FISCAL IMPACT:

N/A