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Zoning Board Considers Controversial Fence Variation Request

September 30, 2024 | Prospect Heights, Cook County, Illinois


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Zoning Board Considers Controversial Fence Variation Request
In a recent public hearing held by the City of Prospect Heights, the Zoning Board of Appeals considered a request from Teodora Barceva for a corner side yard variation. The applicant seeks to reduce the required corner setback for a decorative metal fence from 20 feet to 0 feet, aiming to align her property’s fence with that of her neighbor at 112 South Maple Lane.

Barceva presented her case, emphasizing that the adjustment would enhance the aesthetic appeal of the neighborhood and benefit the city. She noted that the existing fence at her neighbor's property is compliant with the zoning code, having been constructed in 1988 before the city updated its fence regulations in 1991. The board confirmed that other nearby properties also have fences that meet current standards.

During the hearing, Barceva provided proof of support from three immediate neighbors, who signed agreements backing her request. However, some board members expressed concerns regarding the precedent that granting the variation might set, particularly in relation to nonconforming fences in the area. They highlighted that allowing this request could lead to a pattern of similar requests based on aesthetic preferences rather than legitimate hardships.

The discussion included considerations about the potential impact on the neighborhood's visual consistency and the importance of adhering to zoning regulations. Some board members argued that while the proposed fence would not obstruct views or traffic, it could encourage future requests for variations based on nonconforming structures.

Ultimately, the board deliberated on the merits of the case, weighing the aesthetic benefits against the need for compliance with existing zoning laws. They discussed the possibility of imposing conditions on the variation to ensure it remains within specified limits, such as restricting the fence's height and material in the future.

The hearing concluded without a definitive decision, as the board members continued to evaluate the implications of the request and the standards required for granting such variations. The case highlights ongoing discussions about zoning regulations and community aesthetics in Prospect Heights.

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