CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to allow a fence to exceed the height limitation for the property located at 243-244 N Laird St. - PZC 24-1-112
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-112 on November 20, 2024 and recommended approval of the request (approved 7-0). Staff concurs.
BACKGROUND:
The subject properties, 243 and 244 N Laird St., (Lot 5 and Lot 6 of Burlington Woods Estates) are zoned R2 (Single-Family and Low Density Multiple-Family Residence District) and are located at the north end of the N Laird St. cul-de-sac. The subject properties, in combination with the N Laird St. cul-de-sac, are directly adjacent to the Burlington Northern and Santa Fe Railway (BNSF) to the north. Each lot currently has a single-family home located on the property. Upon development of the subdivision beginning in 2017, a non-conforming 12-foot-tall privacy fence was constructed along the north boundary of the subdivision to separate the residential properties from the railroad.
DISCUSSION:
The subject properties are located along the perimeter of the Burlington Woods Estates subdivision. A portion of the existing non-conforming 12-foot fence was damaged by severe weather. Per Section 6-2-12:1.6 of the Naperville Municipal Code, residential properties that abut a non-residential use are permitted to have fencing up to a height of 9 feet.
The Petitioner, Luke Fonash, Burlington Woods Estates HOA President and property owner of 244 N Laird St., is requesting a variance on behalf of the HOA, himself and Hoang Nguyen, property owner of 243 N Laird St. The petitioner is requesting a new fence to be reconstructed at the same height and location as the existing fence. The proposed 12-foot fence is a traditional board on board wood fence, prompting a variance from Section 6-2-12:1.6 of the Naperville Municipal Code which allows fences to measure 9-feet in height along any residential property line which abuts a non-residential use.
The Petitioner states that the fence will maintain the current aesthetic and block noise from the railway, which often impacts the subdivision. Upon review, staff agrees with the Petitioner and does not have a concern with the proposed variance.
Planning Services staff acknowledges that only a portion of the 12-foot fence is being replaced even though it is part of the existing subdivision fence that spans the entire northern boundary of the Burlington Woods Estates subdivision and other portions of this fence may need to be repaired or replaced in the future. As such, staff included the following condition of approval in the ordinance prepared:
• Future repair or replacement of the 12-foot fence along the north boundary of the Burlington Woods Estates subdivision, in part or in whole, shall be permitted without additional variances provided that the location of said repaired/replaced fence is consistent with that depicted on Exhibit D and that the height of said repaired/replaced fence does not exceed 12 feet.
Findings of Fact
The Petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. Upon review, the PZC and staff are in general agreement with the variance findings and recommend their adoption by the City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted a public hearing to consider PZC 24-1-112 on November 20, 2024. There was no public testimony. The PZC closed the public hearing after no further discussions and voted to recommend approval of the Petitioner’s request.