Submitted By
Tammie Grossman, Development Customer Services Director
Reviewed By
LKS
Agenda Item Title
Title
An Ordinance Granting a Fence Waiver Pursuant to Section 17-1-3.1(C) of the Oak Park Village Code for the Property Located at 826 South Clarence Avenue
End
Overview
Overview
This is a review by the Village Board of a resident application to construct an eight (8’) foot tall privacy fence in the rear yard along the north lot line of the property lying between the rear porch of the home and the front of the garage. The Village Board presides over fence variation requests that exceed 7 feet tall fences as required by the Village Code.
Body
Staff Recommendation
Approve the request by Ordinance to allow the eight (8) foot tall fence to be constructed.
Fiscal Impact
N/A.
Background
Section 17-1-3.1 (A) (4) of the Village Code allows a six foot tall fence. A seven (7) foot tall fence can be constructed between adjacent properties with the signed consent of the adjacent property owner of record. Anything taller than seven (7) feet the property owner must seek approve by the Village Board. The applicant is requesting an eight (8) foot tall fence along their north property line. PLEASE NOTE: In the application, included is a proposal letter written by the applicant and signed by the abutting neighbor (Ascension School) indicating that they are amenable to the neighbor’s erecting an eight (8) foot tall fence.
Pursuant to Section 17-1-3.1 (C) of the Village Code, the Village Board of Trustees may permit the erection and construction of fences not to exceed eight (8) feet in height which contain less than the required open space or no open space, whenever it can be shown that the property concerned is in need of a higher fence to permit the owner/occupant to reasonably enjoy the use of his/her property and that the proposed fence will not have an undue adverse effect on surrounding properties.
The applicant’s request for an eight (8’) foot tall fence is based on the fact that his property is just south of Ascension school. According to the applicant, the sidewalk between Ascension School and the Subject Property is a high traffic area on weekdays and weekends and an eight (8) foot tall fence would allow the applicant and family to more comfortably enjoy their backyard space without passerby looking into their yard. In addition, the applicant says that “we quite often find various trash and debris in our backyard such as food wrappers, half eaten food like apples, and have even had hotdogs tossed into our yard. It is clear this debris gets tossed over the fence. We are hopeful a taller fence will help deter or eliminate this trash in our yard.”
Alternatives
1. Approve the eight (8) foot tall fence height request.
2. Do not approve the fence height, which will still allow a seven (7) foot tall fence based on the neighbor’s consent.
Previous Board Action
N/A.
Citizen Advisory Commission Action
N/A.
Anticipated Future Actions/Commitments
N/A.
Intergovernmental Cooperation Opportunities
Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.
Performance Management (MAP) Alignment
A Governance Priority established for the Development Customer Services Department - Community Planning Division is Land Use Regulations.