File #: 20-871B    Version: 1
Type: Ordinance Status: Passed
File created: 8/6/2020 In control: City Council
On agenda: 8/18/2020 Final action: 8/18/2020
Title: Pass the ordinance granting a variance to permit an 8' tall privacy fence for the property located at 4040-4044 Ashwood Park Court, Naperville - PZC 20-1-055
Attachments: 1. Ashwood Park Fence Variance Ordinance, 2. Exhibit A. Legal Description, 3. Exhibit B. Fence Site Plan, 4. Exhibit C. Variance Standards, 5. PZC Meeting Minutes 8-5-20 DRAFT, 6. Location Map, 7. Fence Design, 8. Board and Owners Letters of Support, 9. APTH Application, 10. Disclosure of Beneficiaries
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance granting a variance to permit an 8' tall privacy fence for the property located at 4040-4044 Ashwood Park Court, Naperville - PZC 20-1-055
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Scott Williams, AICP

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on August 5, 2020. No member of the public spoke regarding the petition. The PZC voted to recommend approval of the request (approved 8-0), staff concurs.

BACKGROUND:
The property is zoned R3A (Medium Density Multiple-Family Residence District) with a conditional use for the Ashwood Park North - Townhomes PUD, and is located at the southwest corner of 248th Avenue and 103rd Street. Lot 3 of this development is 20,645 square feet, contains three townhome units in one building, and abuts 248th Avenue at the rear per the PUD.

DISCUSSION:
The owner of one of the units and petitioner, Steve Dano of Crestview Builders, is requesting approval of a variance to allow an 8' tall privacy fence in the eastern rear yard of Lot 3. Section 6-2-12:1.4 (General Zoning Provisions: Fences) of the Municipal Code restricts residential fences to a maximum permitted height of 6' in the rear or interior side yard. The proposed height exceeds the maximum allowance; therefore, requiring a variance from the Municipal Code. The two other owner-occupied units and the Ashwood Park North Townhomes Board have provided authorization and letters of support for the request.

In most residential settings, a 6' privacy fence provides sufficient screening between residential uses. In this instance, the subject property backs up to a busy 248th Avenue with an Average Daily Traffic count of 13,300 vehicles. The petitioner and owners have raised privacy and noise concerns with the adjacent street and multi-purpose path. Accordingly, the petitioner has indicated that a taller, privacy-style fence placed alon...

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