PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a fence variance pursuant 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
ENTITLEMENTS REQUESTED:
A fence variance pursuant to Section 6-2-12:1.7 to allow a 10’ tall subdivision perimeter fence where the height limitation is 9.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for DEV-0015-2025 was published in the Naperville Sun on March 30, 2025.
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 are each improved with four townhomes . The common areas surrounding the townhomes are owned, insured, and maintained by the Tallgrass Homeowner’s Association. Upon establishment of the subdivision, a 10-foot subdivision fence was installed along the east subdivision boundary adjacent to IL Route 59 to provide screening for residents.
Recently, the original 10-foot subdivision perimeter fence was removed and replaced with a new 10-foot privacy fence prior to receiving a fence permit.
Project Timeline
Northwest Fence, Inc., applied for a fence permit on behalf of the Tallgrass Homeowner’s Association the first week of December 2024, which was subsequently rejected by the plan review team shortly after as the proposed 10-foot fence exceeded the 9-foot height limit. Following rejection of the permit, Nicole Abdallah, representing the Tallgrass Homeowner’s Association, reached out to Transportation, Engineering and Development staff regarding the variance process in order to request relief from the Municipal Code to allow a 10-foot fence to be installed, consistent with the original subdivision approvals.
Planning staff was then made aware that a new 10-foot fence was already 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 1/22/2025 and determined to be complete and final on 3/3/2025.
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-feet in height along major arterial rights-of-way.
As the recently installed fence exceeds 9-feet, 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-foot cedar traditional privacy fence along approximately 1300’ 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. Additionally, the proposed fence is consistent in height with the original subdivision fencing that was installed.
Staff agrees with the petitioner and does not have concerns with 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-foot 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. Staff agrees with the petitioner’s Findings for the variance and recommends their adoption by the Planning and Zoning Commission.
Key Takeaways
• The petitioner is requesting a fence variance pursuant to Section 6-2-12:1.7 to allow a fence to exceed the limit on the property located at 2909-3017 Saganashkee Ln. Staff is supportive of the request.