CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the Ordinance approving a variance to Section 6-2-12:1(Fences; Residence District) of the Naperville Municipal Code for the property located at 115 E. Benton Avenue. PZC 17-1-049
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on June 7, 2017 and voted to recommend approval of the case (Approved 8-0). Staff concurs.
BACKGROUND:
The subject property, 115 E. Benton, is generally located on the west side of Ellsworth Street, north of Benton Avenue and is zoned R2 (Single Family and Low Density Multiple Family Residence District). The property is approximately 23,114 square feet and is currently improved with a surface parking lot that is owned and used by Saints Peter and Paul church and school. The petitioner, Brian Person, requests approval of a variance to Section 6-2-12:1(Fences; Residence District) to allow for a fence to be constructed in the rear, front, and corner side yard in excess of the required maximum height. The proposal calls for a 12' fence to be constructed in the rear yard and a 6' fence to be constructed in the front and corner side yard.
DISCUSSION:
Section 6-2-12:1 (Fences; Residence District) addresses the regulations of fences in residence districts. Given the location of the proposed fencing on the lot, multiple subsections of the fence code apply.
The petitioner is proposing to remove and replace the existing 12' chain link fence on the west property line, otherwise known as the rear yard. Section 6-2-12:1.4 addresses fencing in the rear yard as follows: "Fences up to six (6) feet in height shall be permitted in the required interior side yard or rear yard provided that the fence does not extend nearer to a front lot line than the longest distance between such lot line and the nearest wall of the principal building or structure". As the proposed ...
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