File #: 17-844B    Version: 1
Type: Report Status: Passed
File created: 12/4/2017 In control: City Council
On agenda: 12/19/2017 Final action: 12/19/2017
Title: Deny the request for a variance to permit a 6' tall solid fence in the required corner side yard at the subject property located at 2816 Rolling Meadows Drive, Naperville - PZC 17-1-114.
Attachments: 1. 2816 Rolling Meadows - Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Plat of Survey, 4. Exhibit C - Standards, 5. 11.15.17 PZC Minutes, 6. Public Comment - PZC 17-1-114, 7. Development Petition_PZC 11.15.17, 8. Location Map_PZC.11.15.17, 9. Existing 6' Solid Fence_PZC.11.15.17, 10. Previous 4' Open Fence_PZC.11.15.17
Related files: 17-844
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Deny the request for a variance to permit a 6' tall solid fence in the required corner side yard at the subject property located at 2816 Rolling Meadows Drive, Naperville - PZC 17-1-114.
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Erin Venard

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 17-1-114 on November 15, 2017 and voted to recommend denial of the case (denied, 8-0). Staff concurs.

BACKGROUND:
The subject property is zoned R2 (Single-Family and Low Density Multiple-Family Residence District) and is also located within the Midam's Brook Crossing Unit 5 Planned Unit Development. The 8,680 square foot property is currently improved with a single-family residence, driveway, and attached deck. The property is bound by Rolling Meadows Drive to the north, Gateshead Drive to the west, and 95th Street to the south. Rolling Meadows Drive is the front property line and Gateshead Drive is the corner side property line.

The petitioner, David Garza, requests approval of a variance to allow an existing 6' tall solid style fence in the required 15' corner side yard. The fence was constructed without a permit. Staff learned about the existence of the fence through a Code Enforcement complaint.

DISCUSSION:
Per Section 6-2-12:1.2 (General Zoning Provisions: Fences), an open, or picket style, fence 4' tall or less is permitted in the required corner side yard. An open fence is defined in Section 6-1-6 (Zoning Title, Purpose, Definitions: Definitions) as a fence which has at least 30% of the surface area in open spaces which afford direct views through the fence. Due to the location of the fence in the required 15' corner side yard, as well as the solid style of the fence, a variance is required.

The petitioner's responses to the Standards for Granting a Variance are included in the Development Petition; staff does not concur with the responses to ...

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