Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Fence Variance topic
No spam. Unsubscribe anytime.
Commission recommends 8-foot backyard fence for Pine Street homeowner citing dust and noise from adjacent bike path
Summary
Commissioners voted unanimously to approve a variance allowing an eight-foot backyard fence at 723 Pine Street, after the homeowner described ongoing dust and noise from the adjacent Robert McClory bike path and staff noted Lake County plans to pave the trail at an unspecified future date.
The Waukegan Planning and Zoning Commission on Thursday recommended approval of a variance to allow an eight-foot backyard fence at 723 Pine Street, citing persistent dust and noise from the adjacent Robert McClory bike path.
The commission adopted the findings of fact and approved zoning calendar item 2780 by roll call; all commissioners present voted yes.
Planner Tyler Williams presented the item and said the existing lot is in an R-3 zone and the requested fence would exceed the six-foot limit allowed in side and rear yards. Williams said the property abuts the county-maintained Robert McClory bike path and that the homeowner reported dust and loud motorized traffic on the path. Williams told commissioners the city has not received objections from other departments or the public but did receive one letter of support the night of the meeting.
Owner Don Titus, sworn before the commission, told commissioners he cannot open his windows in the summer because dust from the unpaved trail soils his siding and forces him to run his air conditioner constantly. “I can't open my windows in the summertime,” Titus said, adding that he has discussed trail paving with the county but that no date has been given.
Commissioners discussed who maintains the bike path; staff said Lake County (Lake County DOT) is responsible and that the county has said it plans to asphalt the trail, but staff had no schedule. Commissioners also suggested dust abatement and enforcement against off-road vehicles as possible interim measures; staff noted the city’s noise ordinance and that illegal ATV or motor vehicle use on the path is a county policing matter.
The motion to adopt findings and recommend approval was moved, seconded and passed by unanimous roll call. If denied, staff said the fence would remain at six feet; if approved, the owner may construct an eight-foot fence. Staff advised the owner to coordinate with county officials regarding long-term trail improvements.
