PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance to Section 6-2-12 (Fences) 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
ENTITLEMENTS REQUESTED:
A petition for approval of a variance to Section 6-2-12:1.6 (Fences) of the Naperville Municipal Code to allow a fence to exceed 9 ft. in height.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 24-1-112 was published in the Naperville Sun on Sunday, November 3, 2024.
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 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-style 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 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. Luke is requesting the 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 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 recommends the following as a condition of approval for the requested variance (please note that this language is not final):
Future repair or replacement 12-foot fence along the north boundary of the Burlington Woods Estates subdivision, in part or in whole, up to a height of 12 feet shall not be required to pursue a variance.
Findings of Fact
The Petitioner’s responses to the Standards for Granting a Variance can be found in the attachments. Upon review, staff is in general agreement with the variance findings and recommends adoption by the Planning and Zoning Commission.
Key Takeaways
• The Petitioner requests a variance from Naperville Municipal Code Section 6-2-12 (Fences). Staff does not have concerns with the requested variance.
• The proposed fence is located along the north boundary of the Burlington Woods Estates subdivision, adjacent to the BNSF railway.