Planning and Zoning Commission approves retroactive fence variance at 11 N. Frolic

The Waukegan Planning and Zoning Commission on Thursday approved a retroactive variance allowing a decorative iron fence at 11 North Frolic Avenue to remain even though portions exceed the six-foot side-yard height limit.

The commission voted to adopt the findings of fact and approve zoning calendar item 2779 by roll call; all voting members recorded yes.

City staff presented the file as a fence-height variance in Ward 3 and said the bulk of the fence meets the six-foot standard but that ornamental finials on top of corner posts raise portions of the fence above the limit. Staff identified the request as retroactive because the fence has already been constructed and noted the applicant did not obtain a permit before building.

Applicant Juan Luis Hernandez, who was sworn and interpreted by Emma Soberanes, told commissioners he built the fence himself. Commissioners and the chair repeatedly complimented the workmanship. Chair Bill said, “It really dresses it up,” and a commissioner added the fence “does not distract from the looks of the neighborhood.”

If the variance had been denied, staff said the owner would need to remove or modify the ornamental elements so no part exceeds six feet. The applicant acknowledged he should have obtained a permit before constructing the fence; a commissioner noted that as the reason the matter was before the commission.

The motion to adopt the findings of fact and approve the variance was made and seconded on the record; the roll call recorded unanimous support among commissioners present.

The commission noted the approval applies only to the height variance described in zoning calendar item 2779; any future changes to the fence or other work would be subject to permit requirements.