File #: 19-817    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 8/16/2019 In control: Planning and Zoning Commission
On agenda: 8/21/2019 Final action:
Title: Conduct the public hearing to consider a variance from Section 6-2-12:1.2 in order to permit a 4' 6" tall steel open fence with 5' 6" tall brick piers within the required front and corner side yard setback at the subject property located at 1227 Olesen Drive, Naperville - PZC 19-1-073
Attachments: 1. Application, 2. Disclosure of Beneficiaries, 3. Image of Proposed Piers, 4. Legal Description, 5. Plot Plan, 6. Site Plan, 7. Standards, 8. Location Map

PLANNING AND ZONING COMMISSION AGENDA ITEM

 

ACTION REQUESTED:
title

Conduct the public hearing to consider a variance from Section 6-2-12:1.2 in order to permit a 4’ 6” tall steel open fence with 5’ 6” tall brick piers within the required front and corner side yard setback at the subject property located at 1227 Olesen Drive, Naperville - PZC 19-1-073

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Gabrielle Mattingly

 

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 19-1-073 was published in the Naperville Sun on August 5, 2019.

 

BACKGROUND:

The subject property is zoned R1A (Low Density Single Family Residence District) and is located at the northwest corner of Hobson Road and Olesen Drive. The R1A zoning district has a front and corner side yard setback of 30’. The 1.3 acre property is currently improved with a single-family residence.

 

The subject property is bounded by Hobson Road to the south and Olesen Drive to the east.  By code, Hobson Road has additional fence regulations that limit the permitted fencing materials along Hobson Road to aluminum, wrought iron, PVC, split rail, and three-board fencing. The proposal calls for installation of a steel fence. Staff finds the proposed steel fence material to be of a similar, but higher quality, than aluminum and therefore finds that the proposed fence material is permitted at the subject property.

 

DISCUSSION:

The owners and petitioners, Scott Mitchell and Christine Stauffer, request approval of a variance to allow for construction of a 4’ 6” tall steel open fence with 16 brick piers that are 5’ 6” tall and spaced every 30’ to be located along the property lines within the required front and corner side yard.

 

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 front and 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 (note: as proposed, the steel fence complies with the definition of an open fence). For fences which do not meet the open fence definition, the maximum permitted height when located within the required front or corner side yard is 3’. 

 

Due to the proposed design and location of the fence, the following variances are required:

1.                     Variance to increase the permitted height of an open fence located in the required front and corner side yard from 4’ to 4’6”;

2.                     Variance to increase the height of the brick piers (which do not qualify as open-fencing) from 3’ to 5’6”.  

 

As noted above, only 4’ tall open (picket style) fences are permitted in the required front and corner side yard.  The purpose of this regulation is to preserve sight lines and the open nature of the front and corner side yard. Given that the 4’ 6” tall steel fence complies with the definition of an open fence and that the proposed brick piers are spaced every 30’ and are decorative in nature, staff has no concerns with the requested variances and does not find that sight visibility from the adjacent roadway will be adversely effected.

 

The petitioner’s responses to the Standards for Granting a Variance are included in the Development Petition. Staff is in general agreement with the petitioner’s Findings and recommends adoption by the Planning and Zoning Commission.  

 

Key Takeaways

§                     The petitioner requests a variance from Section 6-2-12:1.2 in order to install a 4’ 6” tall steel open fence with 5’ 6” tall brick piers located at every 30’ along the front and corner side yard property lines. 

§                     Staff supports the requested variance given the proposed fencing provides open views raising no concern with site visibility adjacent to the roadway. Staff recommends approval of the variance request.