File #: 24-1356B    Version: 1
Type: Ordinance Status: Passed
File created: 12/4/2024 In control: City Council
On agenda: 12/17/2024 Final action: 12/17/2024
Title: 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
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Site Plan, 4. Exhibit C - Response to Standards, 5. Exhibit D - Fence Location
Related files: 24-1356
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...

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